Possession of Marijuana in South Carolina
Marijuana is one of the most commonly used recreational drugs, and possession of marijuana is one of the most commonly prosecuted offenses in the state of South Carolina. Although many states have relaxed their laws on the possession and use of marijuana, South Carolina takes a tough stance against people who violate state and federal marijuana laws. Possession of marijuana can be either a felony offense or a misdemeanor, depending on the quantity of drugs that are found.
Also known as weed, pot, chronic, or hash, regardless of what you call it, it is illegal to possess it, buy it or distribute it in the State of South Carolina. If you or a loved one are facing charges of marijuana possession, you probably feel afraid for your future and have questions about the legal process. As a criminal defense law firm, we have handled thousands of cases for clients who have been charged with possession of marijuana. All charges of marijuana possession, with the exception of a first-time charge of simple possession, are prosecuted in General Sessions.
What is Marijuana Possession in South Carolina?
According to South Carolina law as codified in S.C. Code 44-53-370. It is unlawful for any person to:
- to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue;
Put simply; it is illegal to possess or distribute a controlled substance, including marijuana.
What Is Simple Possession Of Marijuana In South Carolina?
Simple Possession of Marijuana is defined in S.C. Code 44-53-370(d)(4) and refers to possession of fewer than 28 grams of marijuana. You do not have to be physically holding the marijuana to be charged with simple possession. If marijuana is in your pocket, in your vehicle, in your house, a vehicle in which you are a passenger or even in your friend’s house while you are present, you can still face this charge.
What Are The Penalties For Offenders Charged With Simple Possession Of Marijuana in South Carolina?
The penalty for first-time offenders charged with simple possession of marijuana in the State of South Carolina are as follows:
- Up to 30 days in jail; and/or,
- $100 – $200 fine
The penalty for second-time offenders charged with simple possession of marijuana in the State of South Carolina are as follows:
- Up to 12 months in jail; and/or,
- $200 – $1000 fine
What Are The Penalties For Offenders Charged With Possession With Intent to Distribute Marijuana in South Carolina?
The penalty for first-time offenders charged with possession with intent to distribute marijuana in the State of South Carolina are as follows:
- Up to 5 years in jail; and/or,
- Up to $5000 fine
The penalty for second-time offenders charged with possession with intent to distribute marijuana in the State of South Carolina are as follows:
- Up to 5 – 20 years in jail; and/or,
- Up to $20,000 fine
Additional penalties include a criminal record, difficulty entering foreign countries, residing in the U.S. legally or becoming a U.S. citizen. The charge will also show up on any background checks that potential employers run on you, and can affect your ability to qualify for federal student aid. Perhaps most devastating, a drugs possession charge can affect your ability to gain or retain custody of any children that you may have.
What Happens When You Are Charged With Marijuana Possession In South Carolina?
Typically individuals charged with marijuana possession are arrested and taken directly to jail, however, in some instances, a traffic ticket can be given at the officer’s discretion with a request for you to appear in court. Whether you are taken to jail or not, all marijuana charges are criminal and can result in severe consequences. If you are arrested and found guilty of any marijuana charge, you face the probability of having a permanent criminal record.
In order to be convicted, under South Carolina Law, the prosecutor must prove that you were in actual or in constructive possession of marijuana. It does not matter how minuscule the amount of marijuana was, no minimum amount of marijuana must be present for you to be criminally convicted.
What Should You Do If You Have Been Charged With Marijuana Possession?
Being charged with drugs possession is a serious crime which can carry lifelong consequences. As a defendant, you must know and understand your right to a fair trial and your right to be represented by an attorney. It is imperative that you seek legal advice as soon as you are charged with possession of marijuana, in order to find out what options you may have. If this is your first offense, you may be eligible for Pre-Trial Intervention. Pre-Trial Intervention (PTI) is a one-time program afforded to first time, nonviolent offenders upon the agreement of law enforcement and the court. To complete PTI, you must work 30-50 hours of community service, be free of drug use and able to prove it with multiple drugs tests, plus attend mandatory counseling sessions. If you can successfully complete PTI, your simple possession of marijuana charge will be dismissed, and your arrest record will be expunged.
There is also what is known as a ‘conditional discharge,’ in which a judge will accept your plea of guilty while holding it in abeyance (meaning it’s not put on the books) for a 3-12 month probationary period. During this period it is imperative that you remain clean of any drugs, as you must pass any scheduled or random drug tests in order to have your conviction discharged and expunged. If you fail to pass each drug test during the probationary period, your guilty plea will go into immediate effect, and you will be sentenced accordingly by the judge.
Why Choose Us To Represent You?
If you are facing a charge for possession of marijuana, you might be concerned about your options. The Woods Law Firm understands that you may be feeling anxious and afraid about the legal process. We strive to educate our clients on every choice available to them; whether that is contesting their case in court, or opting for a PTI or a conditional discharge, we will ensure that no client has to navigate these turbulent waters alone. Our law firm has represented thousands of clients charged with marijuana possession across the state of South Carolina. As a seasoned criminal defense firm, we employ advanced defense strategies to fight every aspect of the prosecutor’s case on your behalf. From using our knowledge and experience to push for a case dismissal, to achieving a reduction to a lesser charge, we have helped many people across the State of South Carolina.
In addition to Possession of Marijuana cases, we have handled thousands of cases for other traffic tickets, including but not limited to:
- Driving Under Suspension (DUS)
- Driving Under The Influence (DUI)
- Driving Under Alcohol Concentration (DUAC)
- Driving Without A License
- Reckless driving
- Speeding
- Public Intoxication (Public Drunk)
- No Proof of Insurance
- No Proof of Driver’s License
- Failing to give a proper signal
- Failure to Stop
- Racing
- Failure to Yield Right of Way
If you have any questions regarding drug possession charges and traffic violations, contact our law offices. We speak English, Spanish and Portuguese and we have 4 law offices to serve you across the State of South Carolina.
We are a dedicated legal defense team that is able to represent you on any criminal charge that may be brought against you. At The Woods Law Firm, we have been defending clients legal rights for 15 years across every county in the state of South Carolina. With a vast knowledge of the legal process and aggressive defense strategy, we can help you to protect what matters most to you and your family. If you would like to speak with an attorney by phone, call us today toll-free for immediate help.