It’s 2024, and You’re in the state of South Carolina looking to take a puff of marijuana joint from your pocket. But wait! Suddenly a question got struck your mind: “Is marijuana legal in South Carolina?” So you found this detailed guide by The Congdon Law, from the internet, and got everything you wanted to learn.
Marijuana remains strictly prohibited by law in South Carolina. South Carolina does not have a medical marijuana exemption like other states. Thus, those with qualifying medical conditions cannot get a prescription for medical marijuana from their doctor.
Because the use of marijuana for either recreational or therapeutic purposes is illegal, locals need to understand their legal rights to prevent unintentional or intentional violations of state criminal laws. Possession of marijuana may have serious legal consequences. Defendants may have to pay hefty fines and perhaps time in prison if found guilty.
Is Marijuana Legal in South Carolina? What do the Marijuana Laws say?
In South Carolina, the sale, purchase, transportation, and use of cannabis are all governed by South Carolina law. In terms of the United States as a whole, regulations on marijuana in South Carolina are among the most stringent and severe in the country.
To cultivate or process low-THC/high-CBD oil, one must get the necessary licenses and permits from the government. A limited subset of patients with epilepsy that has not responded to standard therapy may be candidates for medicinal cannabis except (Less than 0.9% THC).
Common Marijuana Offenses in South Carolina
In South Carolina, marijuana is classed as a Schedule I restricted drug, and possessing any quantity of marijuana in any form is illegal. Due to the lack of approved medicinal value, and the higher potential for misuse, marijuana is strictly banned in the state. That’s why it is important to understand some common marijuana offenses in South Carolina to stay away from any kind of legal consequences.
- Marijuana Trafficking
In South Carolina, selling, transporting, or distributing marijuana is classified as a trafficking violation. If found guilty, you may face several degrees of imprisonment for marijuana trafficking depending on the quantity involved. You may face a mandatory jail term for trafficking unless the charges against you are not dismissed or reduced
- Marijuana Manufacturing
Manufacturing marijuana in South Carolina is a serious crime for which you may face a maximum sentence of 5 years in jail and a maximum fine of $5,000. Any kind of cultivation, transformation, or production of cannabis for the commercial sale or distribution of the end product is referred to as marijuana manufacturing
- Possessing Marijuana
Possessing marijuana is completely illegal in South Carolina, which means you can’t even possess an ounce of marijuana in South Carolina. If found guilty, you may face imprisonment for up to 30 days along with a fine of $200. However, if the amount is higher than one ounce, it is presumed to have been sold, and the penalties increase dramatically, including the possibility of imprisonment.
- Simple Marijuana Possession
If you’re accused of possessing one ounce (28 grams) or less of marijuana, the offense of simple possession may be brought against you. The maximum penalty for this crime is 30 days in prison and a fine of between $100 and $200.
How to Defend Yourself against Marijuana Charges in South Carolina? 3 Quick Methods
In South Carolina, People may be arrested for marijuana possession for a variety of reasons. It could be sharing a brownie with a friend who has some or forgetting about the gummies you stowed in your glove box before crossing state borders.
Even though drug offenses carry harsh punishments in South Carolina, you can fight marijuana charges in court by working with a skilled criminal defense lawyer. These lawyers can use their extensive understanding, and expertise of criminal law to support your case with relevant evidence and direct your legal actions in the courtroom.
If you’re facing charges for marijuana possession in South Carolina, you may use the following common strategies:
- Pre-Trial Intervention (PTI)
This beneficial program may be a great choice for offenders who have committed few or no crimes before. For instance, If you’ve been arrested for marijuana crime but have since completed the PTI program, you may have the charges dropped and your record cleared. The defendant need not enter a plea of guilt or innocence.
- Conditional Discharge
Conditional discharges, like PTIs, are unique programs designed to assist offenders in having their arrest records sealed and charges against them dropped. Mandatory conditions include community work, drug therapy, and random drug testing, all under the direct supervision of the court.
- Contested Case
The defendant and their counsel are disputing aspects of the prosecution’s case. Procedural flaws (such as faulty measurements or testing of chemicals) and constitutional violations (such as a search that breached the defendant’s constitutional rights) are other common grounds for dismissal of charges or acquittal.
Compassionate Care Act of South Carolina
The Compassionate Care Act, or Senate Bill 423, would allow THC to be used medicinally in South Carolina, which guarantees the utilization of medical marijuana through a doctor’s prescription to qualified patients. The Senate committee in charge of health care gave preliminary approval to this measure.
What are the Proposed Marijuana Decriminalization Laws?
Decriminalization of marijuana is the subject of many pending proposals in South Carolina. The laws wouldn’t make pot legal for recreational use, and the drug would still be banned, but penalties for marijuana crimes would be lightened state-wide. Some provisions of the law are as follows:
- H3561:
To decriminalize marijuana possession for amounts up to 1 ounce, this bill seeks to amend certain regulated substance offenses and penalties found in Sections 44-53-370, 44-53-375, and 44-53-450 of the South Carolina Code of Laws.
- H3803:
Possession of less than 28 grams (1 oz) of marijuana would no longer be a criminal violation under the proposed amendment to Section 44-53-370 of the South Carolina Code.
Laws Regarding CBD and Delta-8
In South Carolina, CBD obtained from hemp is permitted if the total amount of THC is less than 0.3%. Users do not have access to medicinal marijuana in South Carolina, but they do have access to medical CBD.
Also, the Low-THC cannabidiol oil was approved for use by individuals with certain types of epilepsy and comparable disorders that cause seizures in 2014.
However, the legal status of cannabis products produced from hemp, such as delta-8, is unclear. Delta-8 and other cannabinoids made from hemp are not lawful under the 2018 Farm Bill, according to a document from 2021 written by state attorney general Alan Wilson. Police have started raiding stores selling delta-8 cannabis, so it may not be long until it is outlawed state-wide.
Conclusion
The penalties for marijuana possession in South Carolina are severe, so having an ally who is also well-versed in the law is crucial. It is also recommended to understand all these laws to avoid any kind of marijuana charges in South Carolina.
However, if found accused of marijuana crime due to any kind of situation, it is advised to hire a legal prosecutor to present your points. Your South Carolina drug criminal attorney will be at your side throughout the process, from the first police interview to the opening statements at trial.
