South Carolina Marijuana Laws
South Carolina Marijuana Laws
With the Trump administration ramping up the war on drugs the focus on making drug arrests have increased across the country including South Carolina. That means the typical police tactic of making pre-textual (see below) traffic stops will continue and most likely increase. Understanding South Carolina marijuana laws is vital, and if you are arrested, seek the help of a Charleston criminal defense attorney.
What is a pre-textual stop?
A pre-textual traffic stop occurs when police believe you are driving with marijuana or some other type of drugs in your car but they do not have the evidence to stop you based on a drug crime. So, instead of stopping you for a drug crime they conduct a traffic stop for a minor infraction such as speeding, window tint (North Charleston favorite), failure to use turn signal while changing lanes. Our courts have said that this tactic is lawful as long as there was a traffic infraction for the stop. This now gives them a chance to approach your vehicle, talk to you, ask you to step out of your vehicle and potentially smell smell marijuana coming from the inside of your vehicle which then gives them probable cause to search your car without a warrant.
Marijuana charges – Misedemanor or felony
There are many factors that determine what marijuana charge, misdemeanor or felony, you will be charged with. The weight that you possess is just one factor but often a possession weight can be charged as a felony if you sell it to another person (confidential informant) or you have other items that support a felony charge for distribution such as a weigh scale, money, numerous baggies etc. The important point to remember is that just because you are charged with a felony drug charge does not mean that you will be convicted of that same charge, that’s why you need a Charleston criminal defense attorney to fight your case.
Another common charge under South Carolina marijuana laws is possession of drug paraphernalia. This related charge often arises when someone has rolling papers in their vehicle, baggies, or a weigh scale. Drug paraphernalia basically covers anything that is used in manufacturing, consuming drugs, cleaning products for drug equipment, etc. and includes:
- Roach clips;
A conviction for possession of drug paraphernalia can carry up to 30 days in jail and/or a $500 fine. In some Municipal courts this charge will simply result in a fine only.
Simple Possession of Marijuana
Possession of marijuana is probably the most common type of drug charge there is. Why? Mostly for two reasons, 1) the popularity of marijuana and its increased usage to treat PTSD instead of taking a multitude of prescribed narcotics, and 2) it’s very easy for police to detect marijuana. The odor from marijuana is very strong and therefore easy for police to detect in vehicles. Possession can be merely under 28 grams of marijuana (although there is also possession greater than an ounce). What does it mean to be in possession of marijuana? You can have actual possession or constructive possession where two or more persons can be charged with possession of the one item. Under SC marijuana laws the penalties for marijuana possession vary depending on the weight and whether it is a first or second offense.
Simple Possession of Marijuana 1st Offense: Misdemeanor 0-30 days in jail and/or fine $100 – $200.
Simple Possession of Marijuana 2nd Offense: Misdemeanor 0-1 yr. in jail and/or fine $200 – $1,000.
Possession greater than an ounce1st offense: Misdemeanor 0-6 months in jail and/or fine 0 – $1,000.
Possession greater than an ounce 2nd offense: Misdemeanor 0-1 yr. in jail and/or fine 0 – $2,000.
Will I lose my driver’s license with a possession charge
You can no longer lose your license because of a drug charge. It made no sense that you should lose your driving privileges when you were never driving or under the influence of marijuana.
Possession with Intent to Distribute (PWID)
Many people are shocked to learn that despite having only a possession weight they are charged with the felony PWID marijuana. This can happen under several circumstances such as selling to a confidential informant, you have a large quantity of marijuana that police believe is more than a personal use amount, there are items associated with selling marijuana such as having multiple baggies of marijuana, weigh scales or police witness a hand-to-hand transaction. The penalties for Felony marijuana possession can be found here.
PWID Marijuana 1st offense: Felony 0-5 yrs. in jail and/or $0-$5,000
PWID Marijuana 2nd offense: Felony 0-10 yrs. in jail and/or $0-$10,000
PWID Marijuana 3rd offense: Felony 5-20 yrs. in jail and/or $0-$20,000
Trafficking marijuana typically involved possession of 10 pounds or more of marijuana. In South Carolina, trafficking marijuana includes conspiracy. Conspiracy is an agreement between two or more people to commit a crime. This means you can be charged and convicted despite never having touched any marijuana at all. This often occurs when you arrange a drug transaction for another person, think wire taps, and never saw or touched the actual marijuana but were caught on a wiretap making the arrangement for over 10 pounds of marijuana. Trafficking marijuana penalties.
Trafficking Marijuana 10-less than 100 pounds 1st offense: Felony 1 – 10 yrs. in prison and/or $10,000
Trafficking Marijuana 10-less than 100 pounds 2nd offense: Felony 5-20 yrs. in prison and/or $15,000
Trafficking Marijuana 10-less than 100 pounds 3rd offense: Felony 25 yrs. in prison and $15,000
Trafficking Marijuana 100 pounds – less than 2,000 pounds: Felony 25 yrs. in prison an $25,000
Charleston Criminal Defense Lawyer
If you have been charged with a marijuana drug crime call today at (843) 530-7813 to speak with an experienced Charleston drug crimes attorney to learn more about South Carolina marijuana laws, the consultation is free and all discussions are confidential.