South Carolina Law In comparison to many other states' laws, South Carolina has
slightly stricter laws in regards to marijuana. The law assumes that
possessing one ounce or more will result in sale. Because of this law
individuals guilty of possessing more than one ounce will also be
charged with sale offenses rather than possession offenses.
Possessing more than ten ounces will result in trafficking offenses,
through the assumption of the law. The state of South Carolina does not
allow the usage, possession, or cultivation of marijuana for medical
purposes. All those who are found guilty of marijuana violations will
be charged accordingly.
Possession Possession offenses are based on prior offenses as well as the
amount an individual holds. Possessing less than one ounce on a first
offense is considered a misdemeanor offense and can include fines
between one hundred and two hundred dollars and incarceration up to
thirty days. A subsequent offense of possessing less than one ounce is
also a misdemeanor offense and can include a fine between two hundred
and one thousand dollars and incarceration up to one year.
Possessing more than one ounce of marijuana is considered a crime that
is punishable by sale and trafficking offenses. The possession of
marijuana paraphernalia can earn a fine up to five hundred dollars and
does not include incarceration sentencing.
Cultivation Cultivation offenses are based on the number of plants an
individual possesses and are always considered felony offenses. The
cultivation of less than one hundred plants is punishable by up to five
years in prison and fine of five thousand dollars.
Cultivating between one hundred and one thousand plants can earn a
mandatory minimum sentence of twenty-five years in prison and a fine of
twenty-five thousand dollars. Cultivating between one thousand and ten
thousand plants is penalized though a mandatory minimum sentence of
twenty-five years in prison and a fine up to fifty thousand dollars.
Any cultivation of more than ten thousand plants earns a mandatory
minimum sentence of twenty-five years in prison and a fine of two
hundred thousand dollars.
Trafficking and Sale All trafficking and selling offenses are considered felony
offenses in South Carolina. Trafficking or selling fewer than ten
pounds of marijuana can earn incarceration up to five years and fine of
five thousand dollars.
Selling or trafficking between ten pounds and one hundred pounds is
penalized by a mandatory minimum sentence of one year is prison and a
fine of ten thousand dollars. Trafficking or selling between one
hundred pounds and two thousand pounds can earn a fine of two hundred
thousand dollars and a mandatory minimum sentence of twenty-five years
Selling or trafficking within one-half mile radius of park grounds,
school grounds, or playgrounds can earn incarceration of ten years and
up to ten thousand dollars in fines.