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

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

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

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) Web Search

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) Web Search

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) Web Search
• S.C. Code Ann § 44-53-391 (2015) Web Search

 

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.

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 to treat severe, debilitating epileptic conditions.

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.

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  South Carolina Marijuana Arrests

South Carolina	2008	2009	2010	2011	2012	ARC
Possession	9,991	15,076	16,799	15,285	15,928	12.4%
Sales	1,021	1,924	2,069	2,051	2,100	19.8%
Total	11,012	17,000	18,868	17,336	18,028	13.1%

ARC: Annual Rate of Change

Source: Federal Bureau of Investigation, Uniform Crime Reporting Program