§ 4-4(c) Trafficking in Flunitrazepam

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 4-4(c) Trafficking in Flunitrazepam

The defendant is charged with trafficking in Flunitrazepam.

Section 44-53-370(e)(6) of the South Carolina Code of Laws states:

(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchase, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:

(6) one gram or more of flunitrazepam is guilty of a felony which is known as 'trafficking in flunitrazepam'.

There are three elements to this offense that the State must prove beyond a reasonable doubt.

(1) that the substance involved was in fact flunitrazepam;
(2) that the defendant had possession of that flunitrazepam, either actual possession or constructive possession; and
(3) that there were in fact one gram or more of flunitrazepam involved.

Flunitrazepam in any form is a controlled substance under the law of this State.

The substance must be flunitrazepam, the defendant must have actual or constructive possession of the flunitrazepam, and the amount involved must be one gram or more of flunitrazepam.

The State must prove that the substance involved is in fact flunitrazepam.

The State must further prove the defendant had actual or constructive possession of the flunitrazepam. What does possession of flunitrazepam mean under the law? The law says flunitrazepam in any form is a controlled substance. Possession means more than simply having a controlled substance in one's possession. There must be knowing possession. The State must prove possession of the flunitrazepam by the defendant...