State Laws

South Carolina Marijuana Laws

     

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 in prison.

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.

See also:
South Carolina Felony
South Carolina Divorce
South Carolina Bankruptcy Laws
South Carolina Misdemeanor External link (opens in new window)
South Carolina Expungement External link (opens in new window)