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Many view personal drug use as a "victimless crime," but the government views drug use as a direct contributor to violent crime. Both the States and Federal government are leading a well financed war on drugs that measures its success by the number of convictions made and the size of drug busts. Drug charges are pursued very seriously at both the state and federal level.  Call now for a free consultation so you know where you stand. 

   
 
 
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      South Carolina Marijuana Laws  
     
 
 
 
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South Carolina Marijuana Laws Compared

The graphs below represents how lenient or strict the marijuana laws are in your state compared to Maine, Hawaii, and Connecticut.  This determination is based on level of enforcement, weight limits, fines and/or time imprisoned.  This determination is also based on how strict penalties are for repeat offenders and proximity to certain drug restricted areas such as school zones and public parks. 

 
 South Carolina  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Connecticut  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Hawaii  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
  Maine  
    
Lenient Moderately Lenient  Moderate Moderately Strict Strict
 
 
 

Misdemeanors        

 

Unlawful possession of marijuana
A person who possesses 1 ounce or less of marijuana.
Fine: $100 to $200                                           Imprisonment: Up to 30 days

 

Unlawful possession of marijuana (2nd or subsequent offense)
A person who possesses 1 ounce or less of marijuana with a prior charge for the same offense.
Fine: $200 to $1,000                                        Imprisonment: Up to 1 year

Unlawful possession of marijuana
A person who possesses more than 1 ounce of marijuana.
Fine: Up to $1,000                                           Imprisonment: Up to 1 year


Note
: Conditional discharge may be granted upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program.

 

 
 
 

Felonies        

 

Unlawful trafficking of marijuana
Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:
Less than 10 pounds.
Fine: $5,000                                                     Imprisonment: Up to 5 years

                       

More than 10 pounds, but less than 100 pounds.
Fine: $10,000                                                   Imprisonment: 1 to 10 years


More than 100 pounds, but less than 2,000 pounds or 100 to 1,000 marijuana plants.
Fine: $25,000                                                   Imprisonment:  MMI 25 years


More than 2,000 pounds, but less than 10,000 pounds or 1,000 to 10,000 marijuana plants.
Fine: $50,000                                                   Imprisonment: MMI 25 years


More than 10,000 pounds or more than 10,000 marijuana plants.
Fine: $100,000                                     Imprisonment: MMI 25 years


Unlawful distribution of marijuana in a restricted area

It is a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, any amount of marijuana while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university.
Fine: Up to $10,000                                         Imprisonment: Up to 10 years


MMI=Minimum Mandatory Imprisonment


Note
: Second or subsequent offenses result in much harsher fines and/or penalties than noted for this state.  The sale or distribution to minors also results in much harsher penalties in this state.

 

 

 
 
 United States Marijuana Arrest Trends
The graphs below represent the trends in marijuana arrests from 1990 to 2005 in the United States.  With the higher amount of arrests also comes tens and billions of more dollars spent on enforcement, adjudication, and imprisonment for marijuana related offenses. 
 
 
 
 Source
Code of Laws of South Carolina
TITLE 44. HEALTH
CHAPTER 53. POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES
FBI Uniform Crimes Report 

 
 
State by State Laws
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Curve In the News Curve
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