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September 25, 2017

What are the Marijuana Laws in South Carolina?

Marijuana Laws in South Carolina

There are nearly 95 million people in the United States that have admitted to at least trying marijuana once in their lifetime. That being said, the odds are you know at least one individual who is or has used the drug.

The overall mass appeal to marijuana means nothing within South Carolina state lines. Under South Carolina law, marijuana charges can be very serious and be punished severely. No matter how you look at it, if you are pulled over or caught with marijuana in your possession you will face consequences, including potential criminal charges. It is important to educate yourself and have an understanding of the marijuana laws in the state of South Carolina, and what are the consequences of breaking those laws. Dealing with possession cases of any kind can be very complicated and complex legal processes. It is in your best interests to hire a competent attorney to aid you in your case.

The advice from Lauren Taylor Law will be honest, and always be on the lookout for your best interests throughout the legal process.

The consequences for possession depend on many different factors. It matters how much marijuana you were holding and what your intentions were for the drugs you possessed. The most common types of possession charges within the state of South Carolina are simple possession, possession of hashish, and possession of paraphernalia.  

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If you need legal representation, contact criminal defense attorney, Lauren Taylor.

A simple possession of marijuana charge is a misdemeanor in South Carolina. This means you would be caught with twenty-eight grams or less of marijuana. You could face possible fines and a maximum thirty days in jail if convicted of simple possession. Your driver’s license will also be revoked for thirty days. Tougher penalties will be given to those that have been convicted of possession in the past. Sometimes this comes in the form of a simple possession 2nd, it is still categorized as a misdemeanor but can mean a full year in jail, plus fines and losing your license.  

Possession of hashish charge is like a simple possession charge, the more you are caught with, the harsher penalty you will face. Hashish is a marijuana concentrate. Ten grams or less of hashish is a misdemeanor and can land you up to thirty days in jail, plus a two hundred dollar fine. Getting caught with more than 10 grams could force you to face up to five years in jail, plus a five thousand dollar fine.

Possession of paraphernalia, such as pipes and bongs is not a criminal charge as long as no residue is present. However, it is not the best situation for you concerning the marijuana laws in South Carolina. So while you may not be facing a felony or misdemeanor charge, you are likely to still be punished and faced with a civil fine which will be included on your arrest record.  

How are Violations of the South Carolina Marijuana Laws Determined?

By now, you are probably wondering how you can be found guilty of possession. Well, there are two separate ways to receive a charge of simple possession of marijuana within the state of South Carolina. The first is known as an actual possession which means that the drugs were actually found on the body of the person being charged with possession. This could be in the individual’s hands, their pockets, purse, backpack, or even inside one’s shoe. The other type of possession in South Carolina is constructive possession. This means that the marijuana was found in a space that the individual being charged had control of. For example, this could be a glove box, bedside table, kitchen drawer, locker, or any other area the accused was in control over. In either type of case, the State must prove that you were in possession of the drug in order to receive a conviction.

Below, our legal team has listed some more important points about marijuana laws in South Carolina and have tried to answer some of the most common questions we regularly receive on the subject. If you have questions regarding your recent marijuana possession charge and want to speak to a skilled South Carolina criminal lawyer, call our office today.

Possession of Marijuana: Frequently Asked Questions

What if the drugs found inside the car do not belong to me?

It is false to think that if one person inside a vehicle where marijuana is present claims the drug as their own, and that the rest of the people within the car are safe from charges. Unfortunately, all those inside the vehicle could be charged with possession of marijuana. This is also true even if those within the vehicle did not know that the marijuana was inside the car. Under South Carolina law, the police are allowed to charge multiple people with possession of the same drugs if they are within the same space with marijuana.

Where are simple marijuana possession cases heard?

Municipal or Magistrate Court will be where are simple possession hearing will take place. Throughout the whole period of your case, you are entitled to “due process” or the right to a fair trial where you are assumed innocent until decided by a jury.

What happens to someone caught with more than 28 grams of marijuana?

If you are caught with more than 28 grams of marijuana or you are caught intending to sell the drug, you can be charged with a PWID, possession with intent to distribute. However, the amount that you are caught with is not the only factor used in deciding this charge. There are additional factors such as the presence of measuring devices like scales. Having marijuana separated into different containers or bags can also be a factor. Text messages or other communication evidence that shows intent to sell marijuana can also be a factor used for a PWID charge. PWID convictions have tougher punishments for this is a felony. A first offense for a PWID is a possible fine of five thousand dollars and up to five years in prison. Multiple PWID convictions can result in even harsher penalties. For a third offense, you could face being behind bars for up to twenty years and fines up to twenty thousand dollars.

What makes someone guilty of a felony charge for marijuana in South Carolina?

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Being convicted of a PWID as mentioned before, is a felony in South Carolina. Other South Carolina marijuana felonies include distribution (actual selling of marijuana), manufacturing (this includes growing the drug), and trafficking, (selling/distributing large quantities of marijuana). All of these types of felonies have the same penalties as that of a PWID. Trafficking anywhere between ten and a hundred pounds of marijuana can lead to a maximum ten-year prison sentence and up to a ten thousand dollar fine. If you are a repeat offender the penalties get much harsher. Some can lead to thirty years in prison and fines up to two hundred thousand dollars. Any marijuana possession over an ounce or more is always considered trafficking.

What is my best move going forward from a South Carolina marijuana charge?

If you are facing a marijuana charge in Greenville, South Carolina, it is in your best interests to seek the legal counsel of a skilled South Carolina criminal defense attorney. Lauren Taylor Law has the experience and expertise with marijuana laws needed to get you the best possible outcome for your case. Let us represent you in a charge associated with a violation of the marijuana laws. We will give you some peace of mind while dealing with this difficult legal process. Please call our office today for an initial consultation.

What are the Marijuana Laws in South Carolina?
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What are the Marijuana Laws in South Carolina?
Learn what the marijuana laws in South Carolina are and how violations are determined. If you are seeking legal counsel of a South Carolina criminal defense attorney, then contact Lauren Taylor Law today!
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Lauren Taylor Law Firm
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