Marijuana laws in the state of South Carolina can be considered slightly severe. Individuals found with greater than 1 oz of marijuana in their possession are assumed to have the intent to sell. In such cases, these individuals are charged for sale of marijuana instead of only possession. In the event that an individual is found in possession of greater than 10 oz of marijuana, that person is then assumed to be trafficking, and all trafficking offenses have mandatory minimum sentences. With such severe laws regarding marijuana possession in this state, it is beneficial for the defendant in a marijuana-related case to consult with a South Carolina marijuana lawyer who is up to date on the law practices of this matter. More laws and penalties regarding the amount of marijuana found in possession can be found in the following charts.
Almost 11,000 individuals were arrested in 2002 based on marijuana-related crimes. Of those cases, 9,583 were for the illegal possession of marijuana and 1,298 were for the sale of marijuana. In total, these arrests account for about 5% of all of the arrests in the state of South Carolina during 2002. The Drug Enforcement Administration (DEA) has reported an estimated 43,000 lbs of marijuana to be cultivated in South Carolina, at an estimated $189 million dollar to $302 million dollar retail value.
Medical Marijuana Users
Marijuana is not seen as a medicinal drug in the state of South Carolina, and therefore individuals found in possession will be penalized under criminal charges.
Non-Medical Users:
Because marijuana has not been legalized for medical use in South Carolina, any person found in possession will be charged based on the following criminal terms:
Penalties for Marijuana Use or Possession in South Carolina:
Possession:
|
Possession of less than 1oz as a first offense |
Misdemeanor |
Penalties include incarceration for a period of up to thirty (30) days with a fine of $100 - $200 |
|
Possession of less than 1oz as a repeat offense |
Misdemeanor |
Penalties include incarceration for a period of up to one (1) year with a fine of $200 - $1,000 |
|
Possession of greater than 1oz |
Refer to ‘Sales/Trafficking’ |
|
Cultivation:
|
Cultivation of fewer than 100 plants |
Felony |
Penalties include incarceration for a period of up to five (5) years with a fine of $5,000 |
|
Cultivation of 100 - 1,000 plants |
Felony |
Penalties include a mandatory minimum sentence of 25 years with a fine of $25,000 |
|
Cultivation of 1,000 – 10,000 plants |
Felony |
Penalties include a mandatory minimum sentence of 25 years with a fine of $50,000 |
|
Cultivation of greater than 10,000 plants |
Felony |
Penalties include a mandatory minimum sentence of 25 years with a fine of $200,000 |
Sales/Trafficking:
|
Sales or trafficking of fewer than 10 lbs |
Felony |
Penalties include incarceration for a period of up to five (5) years with a fine of $5,000 |
|
Sales or trafficking of between 10 and 100 lbs |
Felony |
Penalties include a mandatory minimum sentence of 1 year with a fine of $10,000 |
|
Sales and trafficking of between 100 and 2,000 lbs |
Felony |
Penalties include a mandatory minimum sentence of 25 years with a fine of $25,000 |
|
Sales and trafficking of between 2,000 lbs and 10,000 lbs |
Felony |
Penalties include a mandatory minimum sentence of 25 years with a fine of $50,000 |
|
Sales and trafficking of greater than 10,000 lbs |
Felony |
Penalties include a mandatory minimum sentence of 25 years with a fine of $200,000 |
|
Sales and trafficking to a minor within ½ mile radius of a playground, park, or school |
Felony |
Penalties include incarceration for a period of up to ten (10) years with a fine of $10,000 |
Miscellaneous:
Individuals who are not in possession of marijuana but are found to possess paraphernalia may receive a civil citation with a fine of up to $500. There is no incarceration period for any individual found in possession of only paraphernalia.
Penalties for Driving Under the Influence of Marijuana
While the state of South Carolina currently has no specific driving under the influence of drugs (DUID) law, an individual who is found to be driving under the influence of marijuana may be charged similarly to one who is driving under the influence of alcohol.
Legal Help with a Marijuana Offense
Working with a marijuana attorney can be very helpful for the first-time offender. Often times a first-time offender can avoid the thirty-day incarceration period and opt for discharges that are more favorable. However, repeat offenders are recommended to work with marijuana lawyers or attorneys due to the strict mandatory minimum sentences of the state of South Carolina. In some instances, mandatory minimum sentences can be as severe as 25 years in incarceration and fines of up to $200,000. Working with a marijuana lawyer or attorney may prevent the defendant from receiving an unnecessarily harsh sentence.
