If you have been charged with possession, manufacture, or distribution of drugs in South Carolina, you are facing some stiff penalties. The Palmetto State’s drug laws vary based on both the type of drugs you are caught with, as well as the location of where you are caught. State laws declaring schools ‘drug free zones’ were introduced back in the 1980s as part of Ronald Reagan’s War on Drugs, with the goal of preventing drug use among minors and making schools safe places for children. As a result of these laws, people who are facing conviction on drug charges for the use or distribution of drugs near school zones end up with additional jail time and fines, in addition to whatever penalties they already face for being charged for drug use or possession. While we all support laws protecting our children, some claim that the actual application of the ‘drug-free zone’ laws has ended up resulting in harsh penalties that do not always fit the crime.
National Drug Free Zone Policies
Jump Ahead To
National drug free zone policies were first enacted to protect children against the dangers of drug use and activity. The laws were aimed at discouraging drug use and distribution in school areas and public parks through harsh sentencing guidelines for those convicted of engaging in drug activity in these areas. According to The Sentencing Project, a national group that works for fair sentencing and policies in the U.S. criminal justice system, all fifty states currently have drug free zone laws, although many states have reformed these laws due to problems in the actual application of these laws. The Sentencing Project lists three main legal issues with drug free zone laws :
- Defendants convicted under the drug free zone guidelines end up receiving one sentence for using or distributing drugs in a school zone, and one for the actual drug charge itself. The result is two separate sentences for committing one crime.
- The laws are such that people can be found guilty and face extremely harsh sentences under drug free zone laws even when they are a substantial distance away from a school or public park.
- The laws generally protect areas that are urban, high population communities. The result is that people of color and economically disadvantaged people are inordinately impacted by these laws, as opposed to other populations, such as suburban areas and more residential communities.
South Carolina Drug Free Zone Laws
Under South Carolina drug-free zone laws , listed under Section 44-53-445 of the S.C. Code of Laws, it is a separate criminal offense to possess, use, sell, purchase, manufacture, or distribute any kind of illegal drugs or controlled substance with a one half mile radius of the following places:
- Elementary, middle, and secondary schools, both public and private;
- Public parks and playgrounds;
- Public vocational and trade schools and technical colleges; and
- Public or private universities and colleges.
Violating the state drug-free zone laws is a felony, and the penalties include fines up to $10,000 and jail time up to ten years, depending on the charge. One important provision under the South Carolina law is that a person must actually know that they are on or within the one half mile radius in order to be charged under this law.
Contact an Experienced Criminal Defense Attorney Today
If you or someone you love is facing criminal drug charges, contact an experienced South Carolina criminal defense attorney today. Greenville attorney Lauren M. Taylor of Lauren Taylor Law provides the aggressive legal representation you need to defend you against these types of charges, while always ensuring your rights are protected. We can strategize the best course of defense to get the best possible outcome in your particular case. Our office serves all of upstate South Carolina, so call us today at (864) 326-2888 for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.