Practice Tips

• Library: Drug Litigation in South Carolina (SCBar) (2021 Ed.)

PRACTICE TIPS

♦ PWID Elements:

• Possession

• Controlled substance only

• With the intent to distribute

• To another person

♦ Possession is lesser-included offense of PWID.

♦ State cannot convict for both possession and PWID for the same conduct.

♦ Possession of any amount of a controlled substance, coupled with sufficient indicia of intent to distribute, will support a conviction for PWID.

♦ Court must charge statutory amount as a permissive inference.

♦ Reversible Error:

*Giving burden-shifting charge.

*Failure to give simple possession charge.

♦ PCR:

*Failure to object to burden-shifting charge.

*Failure to request a simple possession charge.

♦ Distribution Elements:

• Distribution

• Controlled substance

• To another person

♦ State must prove the defendant actually or constructively transferred or attempted to...