Equal Medicine
(888)491-7774

South Carolina Marijuana Law, Regulation, Penalties, Attornies & Congressman

South Carolina Marijuana Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

1 oz or less (first offense) Misdemeanor 30 days $ 200
1 oz or less (subsequent offense) Misdemeanor 1 year $ 2,000

Sale or Trafficking

Less than 10 lbs Felony 5 years $ 5,000
10 – 100 lbs (first offense) Felony 1* – 10 years $ 10,000
10 – 100 lbs (second offense) Felony 5* – 20 years $ 25,000
10 – 100 lbs (third offense) Felony 25 years* $ 25,000
100 – 2000 lbs Felony 25 years* $ 25,000
2,000 – 10,000 lbs Felony 25 years* $ 50,000
More than 10,000 lbs Felony 25 years* $ 200,000
To a minor, or within a 1/2 mile of a school, playground, or public park Felony 10 years $ 10,000
* Mandatory minimum sentence

Cultivation

Less than 100 plants Felony 5 years $ 5,000
100 – 1000 plants Felony 25 years* $ 25,000
1000 – 10,000 plants Felony 25 years* $ 50,000
More than 10,000 plants Felony 25 years* $ 200,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of 10 g or less Misdemeanor 30 days $ 200
Possession of more than 10 g Misdemeanor 5 years $ 5,000
Subsequent offenses carry greater penalties

Paraphernalia

Possession of paraphernalia Civil Citation N/A $ 500

Penalty Details

Possession

Possession of 1 ounce or less is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a fine of $100-$200.*

* A conditional release based upon participation in the pretrial intervention program may be granted.

A subsequent conviction for possession of 1 ounce or less is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See

  • S.C. Code Ann. § 44-53-110 (2015)
  • S.C. Code Ann. § 44-53-190(d), 44-53-370(a) (2015)
  • S.C. Code Ann. § 44-53-370 (2015)

Sale or Trafficking

Sale of up to 10 pounds is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Sale of between 10 pounds and 100 pounds is a felony punishable, for a first offense, by a mandatory minimum sentence of 1 year imprisonment and a maximum sentence of 10 years imprisonment, as well as a maximum fine of $10,000.

Sale of 10 pounds-100 pounds is a felony punishable, for a second offense, by a mandatory minimum sentence of 5 years imprisonment and a maximum sentence of 20 years imprisonment, as well as a fine of $25,000.

Sale of 10 pounds-100 pounds is a felony punishable, for a third or subsequent offense, by a mandatory sentence of 25 years imprisonment, as well as a fine of $25,000.

Sale of 100 pounds-2,000 pounds is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $25,000.

Sale of 2,000 pounds-10,000 pounds is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $50,000.

Sale of more than 10,000 pounds is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $200,000.

Sale to a minor, or within a one-half mile radius of a school, playground, or public park is a felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $10,000.

See

  • S.C. Code Ann. § 44-53-110 (2015)
  • S.C. Code Ann. § 44-53-370(e) (2015)

Cultivation

Cultivation of fewer than 100 plants is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Cultivation of 100-1,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $25,000.

Cultivation of 1,000- 10,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $50,000.

Cultivation of more than 10,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $200,000.

See

  • South Carolina Criminal Code, Section 44-53-110
  • South Carolina Criminal Code, Section 44-53-370(e)

Hash & Concentrates

Simple possession of 10 grams or less of hashish or hashish concentrate is a misdemeanor, and upon conviction, is punishable by imprisonment of up to 30 days and a fine between $100-$200.

For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Pre-trial intervention and conditional release may be granted for first time offenders.

See

  • S.C. Code Ann. § 44-53-370(d)(4)

Possession of more than 10 grams of hashish or hashish oil is per se possession with intent to distribute. A conviction for PUID is punishable, for a first offense, by imprisonment for not more than five years and a fine of not more than $5,000.

For a second offense, whether the conviction was in SC or in another state, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years nor fined more than $10,000.

For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, and/or fined not more than $20,000.

See

  • S.C. Code Ann. § 44-53-370(b)(2) (2015)

Paraphernalia

It is illegal to manufacture or sell drug paraphernalia. Possession of paraphernalia is a “civil citation” punishable by a maximum fine of $500.

See

  • S.C. Code Ann. § 44-53-110 (2015)
  • S.C. Code Ann § 44-53-391 (2015)
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC for any “medical condition” for which a physician recommends it.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

South Carolina Drugged Driving

In South Carolina, a person is guilty of a DUI if he or she drives a motor vehicle within this State while under the influence any drug, combination of drugs, or combination of drugs and alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired. S.C. Code Ann. § 56-5-2930(A) (West 2009).

Implied Consent

  • A person who drives a motor vehicle in this South Carolina is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. Id. § 56-5-2950.
  • The Department of Motor Vehicles must suspend the driver’s license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test. Id. § 56-5-2951(A).
  • Accused has the right to have a qualified person of his own choosing conduct additional independent tests at his expense. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer. Id. §§ 56-5-2950(B)(3),(D).

Penalties

  • First offense – fine of $400 or imprisonment for a period of not less than 48 hours, nor more than 30 days; Or minimum of 48 hours of public service; offender required to complete an Alcohol and Drug Safety Action Program. Id. § 56-5-2930(A)(1); Id. § 56-5-2930(H).
  • Second offense – fine of not less than $2,100, but not more than $5,100 and imprisonment for a period of not less than 5 days, but not more than 1 year; offender required to complete an Alcohol and Drug Safety Action Program. Id. § 56-5-2930(A)(2); Id. § 56-5-293(H).
  • Third offense fine of not less than $3,800, nor more than $6,300, imprisonment for a period not less than 60 days nor more than 3 years; offender required to complete an Alcohol and Drug Safety Action Program. Id. § 56-5-2930(A)(3); Id. § 56-5-2930(H).
  • Fourth and subsequent offense – imprisonment for not less than 1 year nor more than 5 years; offender required to complete an Alcohol and Drug Safety Action Program. Id. § 56-5-2930(A)(4); Id. § 56-5-2930(H).

Sobriety Checkpoints

There is no state authority regarding sobriety checkpoints. South Carolina conducts sobriety checkpoints.

South Carolina Hemp Law

Year Passed: 2014
Summary: Senate Bill 839 reclassifies cannabis possessing less than 0.3 percent THC as an industrial crop rather than a controlled substance. The law calls on the state Department of Agriculture to develop rules and regulations governing the licensed production of industrial hemp by South Carolina farmers. In 2017, lawmakers updated the law to allow for regulators to issue up to 50 grow licenses by 2018.

Congress for the first time approved language in the omnibus federal Farm Bill allowing for the cultivation of industrial hemp in agricultural pilot programs in states that already permit the growth and cultivation of the plant.

Statute: S.C. Code. Ann. §§ 46-55-10-40 (2014)

South Carolina Tax Stamps

Stamp
State Code §12-21-5020
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and up to $10k or 5 years prison or both
Additional Information
Withstood constitutional attack on the grounds of double jeopardy in McMullin v. South Carolina Dept. of Revenue, 321 SC 475.

Verified South Carolina Marijuana Attorney / Lawyers

Thomas Smith

843-212-3205

Thomas Smith

 
164 Market Street #378

Charleston, SC 29401

www.TASmithLaw.com

Phone: 843-212-3205

Robert J. Reeves

704-351-7979

Robert J Reeves

Robert J. Reeves P.C.
1012 Market Street Suite 205

Fort Mill, SC 29708

scmarijuanadefense.com

Phone: 704-351-7979

Zachary Fry

803-250-9424

Zachary Fry

Robert J. Reeves, P.C.
1012 Market Street Suite 205

Fort Mill, SC 29708

www.rjrlaw.com

Phone: 803-250-9424

Steve Wayne Sumner

864-235-3834

Steve Wayne Sumner

Steve W. Sumner, Attorney at Law, LLC
1088 N Church St

Greenville, SC 29601

www.upstatedui.com

Phone: 864-235-3834

Robert Eugene Ianuario

864-255-9988

Robert Eugene Ianuario

Robert E. Ianuario, P.C.
204 Lavinia Ave.

Greenville, SC 29601

www.upstate420attorney.com

Phone: 864-255-9988

Dan Farnsworth, Jr.

864-250-9119

Dan Farnsworth, Jr.

Farnsworth Law Offices, LLC
2 Williams Street

Greenville, SC 29601

www.FarnsworthLawOffices.com

Phone: 864-250-9119

Dale Savage

843-530-7813

Dale Savage

Dale Savage Law Firm, LLC
260 W. Coleman Blvd. Suite B

Mount Pleasant, SC 29464

www.dalesavage.com

Phone: 843-530-7813

Trenton Chambers

843-692-7953

Trenton Chambers

Trenton H. Chambers, P.A.
1600 North Oak Street Suite D

Myrtle Beach, SC29577

myrtlebeachcriminaldefenselawyer.com

Phone: 843-692-7953

South Carolina Congressman

Senate

Lindsey Graham (R)

SOUTH CAROLINA

 

NORML Grade: B-

Votes

Cosponsor

S. 1333 Therapeutic Hemp Medical Access Act of 2015
S. 683 CARERS Act of 2015

Comments

“I don’t see a real need to change the law up here [in DC]. If marijuana is half as bad as alcohol, that’s probably enough reason to keep it illegal.” 8/10/2010 (Link)
“I’m against legalizing marijuana for recreational purposes. But when it comes to medical marijuana and this [CBD] oil, I think politicians should embrace what makes sense. When it comes to issues like this, I don’t want to be academic in thought. This is about people. This is about families with sick children. Why should someone in my position get in the way of helping a child, if you can reasonably and logically do it?” 2/24/2014 (Link)
“Attorney General Eric Holder has announced that the Justice Department will not prosecute purveyors of medical marijuana provided they are in compliance with state and local laws. I do not support this policy, as I feel it is tantamount to federal legalization of medical marijuana and creates an inconsistent federal enforcement policy between states.” – Letter to a constituent 10/3/2014

Tim Scott (R)

SOUTH CAROLINA

 

NORML Grade: D

Votes

Comments

“There is growing scientific evidence documenting the health risks associated with marijuana use including adverse effects on the lungs, the cardiovascular system, and possibly the immune and reproductive systems. However, I also understand the great importance of preserving the rights bestowed to the States.” 7/10/2011 (Link)

 

This information is continually being updated. If you have an additional public comment that we do not have record of or any additional information please email [email protected].

X

House Bills

Veterans Equal Access Amendment

Permits physicians affiliated with the US Department of Veterans Affairs (VA) to recommend cannabis therapy to veterans in states that allow for its therapeutic use. 

McClintock/Polis Amendment

Seeks to halt Justice Department interference among individuals and businesses engaged in state-compliant transactions particular to both the medical or recreational use of cannabis. More info

Rohrabacher/Farr Amendment

Prohibits the Department of Justice from interfering with state medical marijuana programs and the patients who rely on them. More info

House of Representatives

Jim Clyburn (D)

SOUTH CAROLINA

 

NORML Grade: B

Votes

No sponsorships or comments

Mick Mulvaney (R)

SOUTH CAROLINA

 

NORML Grade: B

Votes

Cosponsor

*H.R. 525 Industrial Hemp Farming Act of 2015
H.R. 1635 Charlotte’s Web Medical Access Act of 2015
H.R. 1538 CARERS Act of 2015

Tom Rice (R)

SOUTH CAROLINA

 

NORML Grade: B

Votes

Cosponsor

H.R. 1538 CARERS Act of 2015

Mark Sanford (R)

SOUTH CAROLINA

 

NORML Grade: B

Votes

Cosponsor

H.R. 525 Industrial Hemp Farming Act of 2015
H.R. 1538 CARERS Act of 2015

Jeff Duncan (R)

SOUTH CAROLINA

 

NORML Grade: C

Votes

No sponsorships or comments

Trey Gowdy (R)

SOUTH CAROLINA

 

NORML Grade: D

Votes

No sponsorships or comments

Joe Wilson (R)

SOUTH CAROLINA

 

NORML Grade: D

Votes

No sponsorships or comments