Appendix E. Information on State and Federal Alcohol and Drug Laws

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Providing alcohol to underage youth and allowing underage drinking; Giving beer, wine, or liquor to anyone who is under the age of 21, including serving anyone in your home except your child or spouse.

Selling beer, wine, or liquor to anyone under the age of 21.

A fine of no less than $200 and no more than $300 and/or imprisonment for up to 30 days for the first offense.
A fine of no less than $200 and no more than $300 and/or imprisonment for up to 30 days for a second or subsequent offense. Mandatory completion of a DAODAS approved merchant education program.
S.C. Code Ann. Sections 61-6-4080, 61-4-50

Purchasing beer, wine, or liquor for someone who cannot lawfully buy these beverages.

A fine of no less than $200 and no more than $300 and/or imprisonment for up to 30 days for the first offense.
A fine of no less than $200 and no more than $300 and/or imprisonment for up to 30 days for a second or subsequent offense.
S.C. Code Ann. Sections 61-4-80, 61-6-4075

Allowing underage drinking to occur in a hotel/motel room you have rented

A fine of no more than $1000 or imprisonment for up to 30 days.
S.C. Code Ann. Section 45-2-40 (C)

OFFENSES RELATED TO ALCOHOL USE AMONG THE GENERAL POPULATION

OPEN CONTAINERS

Having an open container of beer or wine in a motor vehicle of any kind, except in the trunk or luggage compartment

A fine of no more than $100 or imprisonment for up to 30 days.
S.C. Code Ann. Section 61-4-110 

Having an open container of liquor anywhere that is not allowed by state law. (Examples of approved locations include private residences, hotel/motel rooms, licensed establishments, etc.)

A fine of no more than $100 or imprisonment for up to 30 days.
S.C. Code Ann. Sections 61-6-2600, 61-6-4020, 61-6-4710

UNDERAGE YOUTH AND DUI

Driving a motor vehicle with a BAC of .02% or higher if you are under the age of 21

Suspension of driver' license for three months.
Suspension of driver's license for six months if you have had a DUI conviction within the past five years. Mandatory enrollment and completion of an ADSAP if license is suspended.
S.C. Code Ann. Section 56-1-286

Operating a motor vehicle while under the influence of alcohol or drugs. If you have a BAC of .08% or higher, it will be inferred that you were driving while under the influence of alcohol. A BAC that is at least .05% but less than .10% may be considered with other evidence to determine guilt or innocence.

A fine of up to $400 or imprisonment no less than 48 hours and no more than 30 days and suspension of driver’s license for six months for a first offense.
A fine of no less than $2,000 and no more than $5,000 and imprisonment no less than 5 days and no more than one year and suspension of driver’s license for one year for a second offense.
A fine of no less than $3,800 and no more than $6,300 and imprisonment from 60 days to three years, and suspension of driver's license for two years for a third offense.
A third or subsequent offense is considered a felony offense. Imprisonment from one to five years and permanent revocation of driver's license for a fourth or subsequent offense. If the third offense occurs within five years of the first offense, the driver's license is suspended for four years. If the third or subsequent offense occurs within 10 years of the first offense, the vehicle used must be confiscated if the offender is the owner or a resident of the household of the owner.
Mandatory enrollment and completion of an ADSAP if license is suspended.
The name and address of any person whose license is suspended shall be released to the public.
S.C. Code Ann. Sections 56-5-2930, 56-5-2990, 56-5-6240, 56-5-2933

Refusing to submit to testing or certain level of alcohol concentration (0.15%)

Refusing to submit to testing to determine your blood alcohol concentration (BAC) level if you are under the age of 21

Suspension of driver's license for six months to one year.
Suspension of driver's license for one year if you have had a prior DUI conviction within the past 5 years.
S.C. Code Ann. Section 56-1-286 (F)

Driving a vehicle while under the influence of alcohol or other drugs and causing great bodily injury to any other person

Mandatory fine of no less than $5,100 and no more than $10,100 and imprisonment for no less than 30 days and no more than 15 years. This crime is considered a felony offense.
S.C. Code Ann. Section 56-5-2945

Driving a vehicle while under the influence of alcohol or other drugs and causing death to any other person

Mandatory fine of no less than $10,100 and no more than $25,100 and imprisonment for no less than 1 year and no more than 25 years. This crime is considered a felony offense.
S.C. Code Ann. Section 56-5-2945

Commission of a felony DUI offense

Additional penalties (besides fines and imprisonment as identified above) include:

• ineligibility to vote until sentence is served (including probation and parole);
• possible denial of entry to the armed forces or restriction in regard to certain jobs within the armed forces;
• ineligibility to work for a federal law enforcement agency;
• possible denial of employment by federal or state agencies; and
• ineligibility to file to run for any office in the state or its political subdivisions until 15 years or more after the completion of sentence (including probation and parole).

S.C. Code Ann. Sections 7-5-170, 7-5-120, AETC 36-2002, AR-601-210 S.C. Const. Art. VI, §1, Art. III, §7

NOTE:

• All convictions are placed on a permanent criminal record. All alcohol offenses are misdemeanors except a felony DUI conviction.
• For underage drinking laws, alcohol offenses can be "stacked." In other words, a person charged and convicted of three separate offenses can receive all three fines or jail terms, not just the largest of the three.

Persons convicted of first offense DUI:

• Are required to show proof of financial responsibility to the Department of Highways and Public Transportation, usually in the form of a guarantee of high-risk insurance coverage, for three years.
• Are required to complete an Alcohol and Drug Safety Action Program (ADSAP) before becoming eligible to apply to the Department of Highways and Public Transportation for driver’s license reinstatement.
• May be eligible for a provisional driver’s license upon meeting requirements. *All accidents resulting in injury or death of a person under age 21 as a result of DUI are investigated.

PUBLIC DRINKING

Being grossly intoxicated on any highway or at any public place or public gathering; using obscene or profane language on any highway or public place or gathering or in hearing distance of any school or church; while under the influence discharges any firearm while upon or within fifty yards of any public road or highway, except upon his/her own premises

A fine of no more than $100 or imprisonment for up to 30 days.
S.C. Code Ann. Section 16-17-530

Consuming alcoholic liquor in a public conveyance

A fine of no more than $100 or imprisonment for up to 30 days.
S.C. Code Ann. Section 61-6-4720

SELLING OR POSSESSING KEGS

Selling a keg of beer without the proper identification tag or forms

A fine of no less than $200 and no more than $300 for a first offense.
A fine of no less than $400 and no more than $500 for a second or subsequent offense.
S.C. Code Ann. Section 61-4-1920

Possessing a keg of beer that does not have the proper tag

A fine of no more than $500 and/or imprisonment for up to 30 days.
S.C. Code Ann. Section 61-4-1930

Purposely or allowing the removing, altering, or obliterating of the tag on a keg of beer

A fine of no more than $500 and/or imprisonment for up to 30 days.
S.C. Code Ann. Section 61-4-1940

BE AWARE THAT STATE ALCOHOL LAWS ARE SUBJECT TO CHANGE

INFORMATION ON SOUTH CAROLINA DRUG LAWS

The following is a partial list of South Carolina's drug laws. For more information and a complete list of laws relating to offenses, please see Chapter 53, Title 44 of the South Carolina Code of Laws, as amended.

MARIJUANA-HASHISH

Possession of 1 ounce or more of marijuana, or 10 grams or more of hashish: A fine of no less than $100 and no more than $200 or imprisonment for up to 30 days for a first offense. A fine of no less than $200 and no more than $1000 and/or imprisonment for up to 1 year for a second or subsequent offense.
S.C. Code Ann. Section 44-53-370 (d)(4)

Manufacturing, distribution, or possession with the intent to distribute

A fine of no more than $25,000 and/or imprisonment for up to fifteen years for a first offense. A fine of no more than $50,000 and/or imprisonment for no less than 5 years and no more than 30 years for a second offense. A fine of no more than $50,000 and/or imprisonment for no less than 10 years and no more than 30 years for a third or subsequent offense.
S.C. Code Ann. Section 44-53-370 (b)(2)

Trafficking (more than 10 lbs. and less than 100 lbs.) of marijuana

A fine of $10,000 and imprisonment no more than 1 year and no less than 10 years for a first offense; no part of which may be suspended nor probation granted. A fine of $15,000 and imprisonment no more than 5 years and no less than 20 years for a second offense; no part of which may be suspended nor probation granted. A fine of $25,000 and mandatory imprisonment of 25 years for a third or subsequent offense; no part of which may be suspended nor probation granted.
S.C. Code Ann. Section 44-53-370 (e)(1)(a)

Trafficking (100 lbs. to 2,000 lbs. of marijuana, or 100 to 1,000 marijuana plants regardless of weight)

A fine of $25,000 and mandatory imprisonment of 25 years; no part of which may be suspended nor probation granted.
S.C. Code Ann Section 44-53-370 (e)(1)(b)

Trafficking (2,000 lbs. to 10,000 lbs. or more of marijuana, or 1,000 or more marijuana plants regardless of weight)

A fine of $50,000 and mandatory imprisonment of 25 years; no part of which may be suspended nor probation granted.
S.C. Code Ann. Section 44-53-370 (e)(1)(c)

LSD, COCAINE, AND HEROIN

LSD Possession

A fine of no more than $5,000 and/or imprisonment up to 2 years for a first offense. A fine of no more than $5,000 and/or imprisonment up to 5 years for a second offense; offender is guilty of a felony. A fine of no more than $10,000 and/or imprisonment up to 5 years for a third or subsequent offense; offender is guilty of a felony.
S.C. Code Ann. Section 44-53-370 (d)(1)

Cocaine Possession (less than one gram)

A fine of no more than $5,000 and/or imprisonment up to 3 years for a first offense; may be required drug treatment and rehabilitation program. A fine of no more than $7,500 and/or imprisonment up to 5 years for a second offense; offender is guilty of a felony. A fine of no more than $12,500 and/or imprisonment up to 10 years for a third or subsequent offense; offender is guilty of a felony.
S.C. Code Ann. Section 44-53-370 (d)(3)

Manufacturing, distribution, or possession with the intent to distribute cocaine (10 grains < 10 grams)

A fine of no more than $25,000 and/or imprisonment up to 15 years for a first offense.
A fine of no more than $50,000 and/or imprisonment for no less than 5 years and no more than 30 years for a second offense.
S.C. Code Ann. Section 44-53-370 (e)(2)(a)

Trafficking cocaine (10 grams to 28 grams)

A fine of $25,000 and imprisonment of no less than 3 years and no more than 10 years for a first offense; no part of which may be suspended nor probation granted.
A fine of $50,000 and imprisonment of no less than 5 years and no more than 30 years for a second offense; no part of which may be suspended nor probation granted.
A fine of $50,000 and mandatory imprisonment of no less than 25 years and no more than 30 years for a third or subsequent offense; no part of which may be suspended nor probation granted.
S.C. Code Ann. Section 44-53-370 (e)(2)(a)

Manufacturing, distribution, or possession with the intent to distribute heroin, opium, or morphine (4 grams < 14 grams)

A fine of $50,000 and imprisonment of no less than 7 years and no more than 25 years for a first offense; no part of which may be suspended or probation granted.
A fine of $100,000 and mandatory minimum imprisonment for 25 years for a second or subsequent offense; no part of which may be suspended or probation granted.
S.C. Code Ann. Section 44-53-370 (e)(3)(a)

SYNTHETIC SUBSTANCES §44-53-190

Manufacturing, selling or using K2, Bath Salts or other synthetic substances 

A fine of no more than $5,000 and/or imprisonment for up to 5 years for a first offense; offender is guilty of a felony.
A fine of no more than $10,000 and/or imprisonment for up to 10 years for a second offense; offender is guilty of a felony.
A fine of no more than $20,000 and/or imprisonment for no less than 5 years and no more than 20 years for a third or subsequent offense; offender is guilty of a felony.
S.C. Code Ann. Section 44-53-370 (b)(2)

ANABOLIC STEROIDS

Possession of 10 or fewer dosage units without a valid prescription

A fine of no more than $1,000 or imprisonment up to 6 months for a first offense.
A fine of no more than $10,000 and/or imprisonment up to 10 years for a second or subsequent offense. S.C. Code Ann. Section 44-53-1530 (2)

Possession of 10 to 100 dosage units without a valid prescription

A fine of no more than $2,000 or imprisonment up to 1 year for a first offense.
A fine of no more than $3,000 and/or imprisonment up to 2 years for a second or subsequent offense.
S.C. Code Ann. Section 44-53-1530 (3)

Possession of more than 100 dosage units without a valid prescription

A fine of no more than $5,000 or imprisonment up to 5 years for a first offense.
A fine of no more than $10,000 and/or imprisonment up to 10 years for a second or subsequent offense.
S.C. Code Ann. Section 44-53-1530 (4)

SUSPENSION OF DRIVER’S LICENSE

In addition to the above, the driver’s license of any person convicted of a controlled substance violation involving hashish or marijuana must be suspended for a period of six months. The driver's license of any person convicted of any other controlled substance violation must be suspended for a period of one year. S.C. Code Ann. Section 56-1-286 (a)

Possessing PRESCRIPTION DRUGS without a valid prescription is illegal.

Unlawful distribution of Adderall or Ritalin, which means either the sale or simply giving the drug to another person, is a felony carrying imprisonment up to 5 years. Additionally, if the offense occurs on or within a half-mile of the college campus, an additional crime of distribution in proximity to a school has been committed, which is a felony carrying a 10-year sentence. A person who has in their possession one of these drugs, without a valid prescription, is guilty of a misdemeanor carrying a penalty of up to two years in prison.
S.C. Code Ann. Section 44-53-370

MISCELLANEOUS STATE LAWS

Distribution of controlled substance within proximity of a school. (One-half-mile radius of school, playground/park, or college/university)

A fine of no more than $10,000 and/or imprisonment up to 10 years; offender is guilty of a felony.
S.C. Code Ann. Section 44-53-445  

Illegal acts involving persons under 17-years-old; violations of S.C. Code Ann. Sections 44-53-370 and 44-53-375

Illegal acts involving persons under 17 years old and controlled substances; violations of S.C. Code Ann. Sections 44-53-370 and 44-53-37

Imprisonment of no less than 5 years and no more than 15 years; offender is guilty of a felony.
S.C. Code Ann. Section 44-53-577

Unlawful to advertise for sale, manufacture, possess, sell, or deliver, or to possess with intent to sell or deliver drug paraphernalia

A fine of no more than $500 for any person found guilty. A fine of no more than $50,000 for any corporation found guilty.
S.C. Code Ann. Section 44-53-391

Distribution of controlled substances to persons under 18-years-old.

A fine of no more than $30,000 and/or imprisonment up to 20 years for distribution of narcotic drugs, LSD, and/or crack cocaine; offender is guilty of a felony and sentence may not be suspended and probation may not be granted. A fine of no more than $10,000 and/or imprisonment up to 10 years for distribution of any other controlled substance listed in Schedules I through V.
S.C. Code Ann. Section 44-53-440

BE AWARE THAT STATE DRUG LAWS ARE SUBJECT TO CHANGE.

INFORMATION ON FEDERAL DRUG LAWS

The following is a partial list of federal drug laws and penalties. Penalties are set by sentencing guidelines in Federal Court. For more information and a complete list of the laws relating to drug offenses, please see Title 21 of the U.S. Code of Laws, as amended.

Possession of a controlled substance without a valid prescription.

A fine of no less than $1,000 and/or imprisonment up to 1 year for a first offense. A fine of no less than $2,500 and imprisonment for no less than 15 days and no more than 2 years for a second offense. A fine of no less than $5,000 and imprisonment for no less than 90 days and no more than 3 years for a third or subsequent offense.
Statute - 21 U.S.C.A. Section 844 (a)

Possession of a mixture or substance which contains cocaine base

If the amount exceeds 5 grams, a fine of $1,000 and/or imprisonment for no less than five years and no more than 20 years for a first offense. If the amount exceeds 3 grams, a fine of $1,000 and/or imprisonment for no less than five years and no more than 20 years for a second offense. If the amount exceeds 1 gram, a fine of $1,000 and/or imprisonment for no less than five years and no more than 20 years for a third or subsequent offense.
Statute - 21 U.S.C.A. Section 844 (a)

Distribution of controlled substances to persons under the age of 21

A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual and imprisonment of no less than 10 years and no more than life (if death or serious bodily injury results from the use of such substance imprisonment of no less than 20 years and no more than life) for a first offense. A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an individual and imprisonment of no less than 15 years and no more than life (if death or serious bodily injury results from the use of such substance life imprisonment) for a second or subsequent offense. Statute - 21 U.S.C.A. Section 841 (b)(1)(A)

Manufacturing, distribution, or possession with intent to manufacture or distribute controlled substances in or on, or within 1,000 feet of the real property compromising a public or private elementary, vocational, secondary school, college, junior college, or university, or a playground, or within 100 feet of a public or private youth center, public swimming pool, or video arcade

Imprisonment of no more than 1 year and/or a fine, neither to exceed that authorized by 21 U.S.C.A. Section 841 (b) for a first offense. Imprisonment of no less than 3 years and no more than life (or three times that authorized by an offense, whichever is greater) and/or a fine not to exceed three times that authorized by 21 U.S.C.A. Section 841 (b) for a second offense. A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an individual and imprisonment of no less than 15 years and no more than life (if death or serious bodily injury results from the use of such substance life imprisonment) for a third or subsequent offense.
Statutes - 21 U.S.C.A. Section 860; and 21 U.S.C.A. Section 841 (b)(1 (A)

Manufacturing, distribution, or possession with intent to manufacture or distribute:

• 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; or
• 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine; or
• 50 grams or more of a mixture or substance which contains cocaine base; or
• 100 grams or more of PCP or 1 kilogram or more or a mixture or substance containing a detectable amount of PCP; or
• 10 grams or more of a mixture or substance containing a detectable amount of LSD; or
• 100 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 1,000 or more marijuana plants regardless of weight; or
• 100 grams or more of methamphetamine, or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine.

A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual and imprisonment of no less than 10 years and no more than life (if death or serious bodily injury results from the use of such substance imprisonment of no less than 20 years and no more than life) for a first offense. A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an individual and imprisonment of no less than 15 years and no more than life (if death or serious bodily injury results from the use of such substance life imprisonment) for a second or subsequent offense.
Statute - 21 U.S.C.A. Section 841(b)(1)(A)

Manufacturing, distribution, or possession with the intent to manufacture or distribute:

• 100 grams or more of a mixture or substance containing a detectable amount of heroin; or
• 500 grams or more of a mixture or substance containing a detectable amount of cocaine; or
• 5 grams or more of a mixture or substance which contains cocaine; or
• 10 grams or more of PCP or 100 grams or more of a mixture or substance containing a detectable amount of PCP; or
• 1 gram or more of a mixture or substance containing a detectable amount of LSD; or
• 100 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 100 or more marijuana plants regardless of weight; or
• 100 grams or more of methamphetamine, or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine

A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $5,000,000 if the defendant is an individual or $25,000,000 if the defendant is other than an individual and imprisonment of no less than 5 years and no more than 40 years (if death or serious bodily injury results from the use of such substance imprisonment of no less than 20 years and no more than life) for a first offense. A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $8,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual and imprisonment of no less than 10 years and no more than life (if death or serious bodily injury results from the use of such substance life imprisonment) for a second or subsequent offense.
Statute - 21 U.S.C.A.Section 841 (b)(1)(B)

Manufacturing, distribution, or possession with intent to manufacture or distribute:

• 50 kilograms or less of marijuana (except in the case of 50 or more marijuana plants regardless of weight); or
• 10 kilograms or less of hashish, or 1 kilogram or less of hashish. A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual and imprisonment of no more than 5 years for a first offense.

A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual and imprisonment of no more than 10 years for a second or subsequent offense.
Statute - 21 U.S.C.A. Section 841 (b)(1)(D)

Manufacturing, distribution, or possession with the intent to manufacture or distribute any controlled substance listed in Schedule I or II (e.g., LSD, heroin, opium, morphine) of 21 U.S.C.A. Section 812 (except as provided elsewhere):

A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual and imprisonment of no more than 20 years (if death or serious bodily injury results from the use of such substance imprisonment of no less than 20 years and no more than life) for a first offense. A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual and imprisonment of no more than 30 years (if death or serious bodily injury results from the use of such substance life imprisonment) for a second or subsequent offense.
Statute - U.S.C.A.Section 841 (b)(1)(C)

Manufacturing, distribution, or possession with intent to manufacture or distribute any controlled substance listed in Schedule IV of 21 U.S.C.A. Section 812:

A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual and imprisonment of no more than 5 years for a first offense. A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual and imprisonment of no more than 10 years for a second or subsequent offense.
Statute - 21 U.S.C.A. Section 841 (b)(2)

Manufacturing, distribution, or possession with intent to manufacture or distribute a controlled substance listed in Schedule V of 21 U.S.C.A. Section 812:

A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual and imprisonment of no more than 1 year for a first offense.
A fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 of the U.S. Code or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual and imprisonment of no less than 15 years and no more than 4 years for a second or subsequent offense.

BE AWARE THAT FEDERAL DRUG LAWS ARE SUBJECT TO CHANGE.