attempting to purchase

[eric29360]

i was charged with attempting to purchase a Schedule IV narcotic in south carolina. what are the penalties for this charge and is it a felony?

 

[JETX]

i was charged with attempting to purchase a Schedule IV narcotic in south carolina. what are the penalties for this charge and is it a felony?

What is the EXACT charge (statute cite)?

 

[eric29360]

reply

the statute is 44-53-370. attempting to purchase a sch 4 narcotic

 

[ElvinMelvin]

Up to 3 years in prison and $3,000 for a first offense.

SECTION 44-53-370. Prohibited acts A; penalties.

3) a substance classified in Schedule IV except for flunitrazepam is guilty of a misdemeanor and, upon conviction, for a first offense must be imprisoned not more than three years or fined not more than three thousand dollars, or both. In the case of second or subsequent offenses, the person is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than six thousand dollars, or both;

 

[FlyingRon]

Up to 3 years in prison and $3,000 for a first offense.

Note that while SC considers it a misdemeanor, the fact that it has a potential of 3 years in jail means that for certain federal issues (as well as out of state things) it may indeed count as a felony.