Marijuana Criminal Charges

South Carolina Penalties for Possessing, Distributing, Trafficking or Manufacturing Marijuana

In SC, based on the weight of the marijuana in possession at arrest, there are three main categories for penalties:  possession, distribution or trafficking, and manufacturing.  A criminal conviction for possessing, distributing, manufacturing, or trafficking marijuana can have  consequences that could last a lifetime.

Simple Possession of Marijuana in South Carolina

Simple possession of marijuana is defined as less than one ounce of marijuana in your possession at the time of arrest. Simple possession is categorized as a misdemeanor, but can still have devastating consequences if convicted.

If convicted of simple possession you may face:

• Possession of 1 ounce or less (first offense): Misdemeanor, punishable by up to 30 days in jail, and a maximum $200 fine, plus court costs.
• Possession of 1 ounce or less (second or subsequent offense): Misdemeanor, punishable by up to 1 year in jail, and a maximum $1,000 fine, plus court costs.

Additionally, a conviction of possession of marijuana could damage your personal and professional life resulting in loss of scholarships for those in school or loss of employment.

What to do if you have been charged with marijuana possession?

If you are first time offender convicted of simple possession of marijuana you may be eligible for Pre-Trial Intervention or a Conditional Discharge. Pre-Trial Intervention (PTI) is a one-time program for first time nonviolent offenders. In PTI, you will be required to complete 30-50 hours of community service, pass multiple drug tests, attend mandatory counseling sessions, as well as compile a two to three page report. PTI takes approximately six months to complete.

With a conditional discharge, a judge accepts a plea of guilty but holds it in abeyance (meaning its not put on the books) during a 3-12 month probationary period in which scheduled or random drug tests are required.  If there are no positive drug tests during the probationary period, then the conviction will be discharged and expunged.  If a positive drug test is incurred during this probationary period, then the guilty plea will go into effect and the judge will sentence you immediately.

Marijuana Distribution

Marijuana distribution is a serious offense and can carry stiff penalties depending upon how much marijuana was seized by law enforcement and whether it was your first offense or a subsequent offense. If you have been charged with marijuana distribution or any other drug related offense, it is important that you contact a South Carolina drug crimes attorney.

If you are found to be in possession of one or more ounces of marijuana you may be charged with possession with intent to distribute. Marijuana distribution charges are considered a felony in the state of South Carolina.

Marijuana Distribution Penalties

If you are found guilty of distribution more than one ounce and less than ten pounds of marijuana, you may be subject to a $5,000 fine and imprisonment of up to five years.

If you are found guilty of distributing no less than 10 pounds and no more than 2,000 pounds, it is  punishable with a one year mandatory sentence and fine of up to $10,000.

Marijuana Trafficking

The penalties for marijuana trafficking conviction in South Carolina are severe.  Under South Carolina law, if you are in possession of 10 pounds or more of marijuana, you can be charged with trafficking and depending on whether it’s a first offense, or subsequent, the penalties increase in severity.

Marijuana Trafficking Penalties

• 10-100 pounds of marijuana
  • First offense: one to 10 years in prison and up to $10,000 in fines, plus court costs
  • Second offense:  5 to 20 years in prison and $15,000 in fines, plus court costs
  • Third or subsequent offense:  25 years in prison and $20,000 in fines, plus court costs
• 100-2,000 pounds of marijuana
  • 25 years in prison and $25,000 in fines, plus court costs
• 2,000-10,000 pounds of marijuana
  • 25 years in prison and $50,000 in fines, plus court costs
• 10,000 pounds or more of marijuana
  • 25-30 years in prison and $200,000 in fines, plus court costs

Manufacturing Marijuana