South Carolina Marijuana Laws

South Carolina has pretty strict marijuana laws, allowing marijuana only for limited medical use. It is important for residents of The Palmetto State to familiarize themselves with the local paraphernalia laws in order to avoid penalties.

South Carolina Marijuana Attorneys

The following South Carolina lawyers are actively involved in the practice of cannabis law:

SouthCarolina_mattbodmanlaw
SouthCarolina_scdefenselawyer

LAW BREAKDOWN

South Carolina outlaws marijuana for any use except limited medical treatments with CBD oil. Possession, sale, trafficking, and cultivation of the drug are all illegal, as is concentrated cannabis. Paraphernalia possession has been decriminalized.

Possession

It is a misdemeanor in South Carolina to possess 1 ounce of marijuana or less. For a first offense, the maximum penalty is 30 days in jail and $200 in fines. On a subsequent conviction, the penalties rise to a maximum of one year in jail and $2,000 in fines.

Sale and Trafficking

It is a felony to sell or traffic any amount of cannabis. If the amount is less than 10 pounds, the top penalty is five years in prison and $5,000 in fines. If the amount is between 10 and 100 pounds, the sentence on a first offense is between one year in jail and 10 years in prison, plus up to $10,000 in fines.

On a second offense, the same crime carries a penalty of at least five years in prison and as many as 20, plus $25,000. For a third conviction, the punishment rises to at least 25 years in prison and a maximum fine of $25,000.

Selling or trafficking between 100 and 2,000 pounds of marijuana is punishable by a mandatory minimum sentence of 25 years in prison, along with $25,000 in fines. If the amount is between 2,000 and 10,000 pounds, the minimum is 25 years in prison while fines can reach $50,000. Sale or trafficking of more than 10,000 pounds is punishable by at least 25 years in prison and as much as $200,000.

Sale or trafficking to a minor or within one half mile of a school, playground, or public park is a felony with a top punishment of 10 years in prison and a $10,000 fine.

Cultivation

It is also a felony to grow any number of marijuana plants. With less than 100 plants, the maximum is five years in prison and $5,000 in fines. For between 100 and 1,000 plants, the sentence increases to a minimum of 25 years in prison plus $25,000 in fines.

Growing between 1,000 and 10,000 cannabis plants carries at least 25 years in prison and up to $50,000 in fines. Growing more than 10,000 plants comes with a minimum of 25 years in prison and a fine of up to $200,000.

Hash and Concentrates

Hashish, hash oil, and other marijuana concentrates are also illegal in South Carolina and are subject to lower weight limits than standard bud. Possession of 10 grams of concentrates or less is punishable by as many as 30 days in jail and up to $200 in fines. Possessing more than 10 grams is a felony and carries a top penalty of five years in prison and $5,000 in fines. Penalties are enhanced on subsequent convictions.

Paraphernalia

All drug paraphernalia is illegal in South Carolina unless it is intended and used only for legal purposes, such as tobacco smoking. Paraphernalia includes all drug-related items, including those used in the cultivation, harvesting, processing, analysis, testing, storage, or use of marijuana.

Use and possession. Paraphernalia possession is decriminalized, and the only penalty is a $500 fine.

Sale and delivery. Sale of marijuana paraphernalia is also illegal, and is subject to a civil fine of no more than $500 dollars. The maximum fine increases to $50,000 if the vendor is a corporation.

MEDICAL MARIJUANA

CBD legislation was passed in South Carolina in 2014. The bill requires the University of South Carolina to establish a clinical trial to research the effectiveness of CBD oil in treating debilitating conditions.

Qualifying conditions – Dravet Syndrome, Lennox-Gastaut Syndrome, Refractory epilepsy

Patient possession limits – Cannabis extracts are permitted if they contain less than nine-tenths of a percent THC and more than 15 percent CBD

Home cultivation – No

State-licensed dispensaries – No

Caregivers – No

Reciprocity – No

Contact information – N/A

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