Drug Possession Attorney in Greenville

Over 20 Years of Criminal Defense. Dismissal & Reduction Are the First Goal.

A drug possession charge in South Carolina is a criminal matter, not a civil infraction. Even a first offense can mean jail time, fines, and a permanent record that follows you for years. South Carolina has no diversion-by-default system: how your case resolves depends almost entirely on the strength and speed of the defense you mount. At Hisker Law Firm, PC, we serve clients throughout Greenville, SC and the surrounding Upstate region, bringing over 20 years of criminal defense experience and a clear first priority on every case: pursue dismissal or charge reduction before anything else.

Attorney Steve Hisker handles drug possession cases personally, building a tailored strategy around your specific facts from the first call. We represent clients in both state and federal court, and we’re available 24/7.

If you’ve been charged with drug possession, time matters. Call us at (864) 610-1277 for a free consultation and let us start evaluating your options today.

What South Carolina Must Prove in a Possession Case

Under S.C. Code § 44-53-370, the state must prove you knowingly or intentionally possessed a controlled substance without a lawful reason, such as a valid prescription. That word “knowingly” matters. If the prosecution can’t establish that you were aware the drugs were present, the case may fail on that element alone.

Possession doesn’t require the drugs to be on your person. Constructive possession means drugs found in your vehicle or belongings where you had dominion and control. That is enough to support a charge. Drug possession cases in Greenville County are heard in the Thirteenth Judicial Circuit Court, and how the evidence is framed from the start shapes everything that follows.

South Carolina Drug Possession Penalties

Penalties depend on the substance, the quantity, and your prior record. Here’s what the law provides for common charges:

• Simple marijuana possession (28 grams or less): First offense misdemeanor, up to 30 days or a fine of $100–$200. A second or subsequent offense carries up to one year.
• Schedule I (b), (c), LSD, and Schedule II narcotics: First offense misdemeanor, up to two years and a $5,000 fine. A second offense becomes a felony punishable by up to five years.
• Cocaine possession: First offense misdemeanor, up to three years and a $5,000 fine. Second offense felony up to five years; third or subsequent offense felony up to 10 years.
• Methamphetamine or cocaine base (under one gram): First offense misdemeanor, up to three years. Second offense becomes a felony.
• Fentanyl or fentanyl-related substances: First offense felony, up to five years and a $5,000 fine. Third or subsequent offense carries up to 15 years.

A charge that is a misdemeanor on a first offense can become a felony on a second offense. The stakes escalate quickly with a prior record, which is one reason addressing the current charge aggressively matters.

Defense Strategies in a Greenville Drug Possession Case

Every possession case has facts that can be challenged. We evaluate each one for the arguments most likely to succeed, starting with grounds that could end the case entirely.

• Fourth Amendment violations: Evidence obtained through an unlawful stop, search, or seizure can be suppressed. Without that evidence, charges often can’t proceed.
• Lack of knowing possession: If the state can’t prove you knew the drugs were present, the essential mental element of the charge is missing.
• No actual or constructive possession: Demonstrating the drugs belonged to someone else, or that you lacked dominion and control, can defeat the charge on its facts.
• Chain-of-custody or testing errors: Law enforcement must prove the substance is an illegal drug through proper scientific testing. Errors in handling or documentation can undermine the prosecution’s evidence.
• Valid prescription: A lawful prescription is a complete defense to possession of a controlled substance.

Alternative Resolutions for Eligible Defendants

Not every possession case ends at trial. For eligible clients, we pursue resolution paths that can reduce or eliminate the long-term consequences of a charge:

• Pre-trial intervention (PTI): First-time, non-violent offenders who are likely to respond to treatment may complete a program that results in dismissal of charges.
• Greenville County drug court: Participants plead guilty and complete an 18-month program including counseling and drug testing. Successful completion can provide an alternative to incarceration.
• Conditional discharge: First-time offenders charged with possession of a controlled substance may be eligible for conditional discharge under S.C. Code § 44-53-450, requiring completion of a treatment and rehabilitation program in lieu of conviction.
• Youthful offender act: Defendants under age 25 may qualify for youthful offender treatment, with potential expungement if no additional convictions occur within five years. This sentence can only be imposed once in a lifetime.
• Plea negotiation: When other paths aren’t available, a negotiated plea may reduce the charge and potential penalties significantly.