What are the Penalties for Marijuana Possession?

The possession of marijuana is illegal in South Carolina. The state has not decriminalized marijuana for either medical use or recreational use. In fact, it is still a Schedule I controlled substance in the state. A conviction for marijuana possession can carry very serious criminal penalties. Our Columbia drug crimes defense lawyer can help if you are facing criminal charges for marijuana possession in South Carolina.

Background: Marijuana is Unlawful in South Carolina

First and foremost, it is important to emphasize that South Carolina still classifies marijuana as a Schedule I controlled substance (S.C. Code Ann. § 44-53-190(d)(11)). The state legislature has not adopted any form of medical or recreational legalization. As a consequence, possession, distribution, cultivation, and trafficking remain criminal offenses at the state level. Schedule I status reflects the state’s position that marijuana has a high potential for abuse and no accepted medical use under South Carolina law. As a result, prosecutors and courts treat marijuana-related charges seriously. The penalties can be severe.

**Note: **The statutory definition of marijuana in South Carolina is relatively broad. It includes the plant itself, seeds, resin, and any compound or derivative unless specifically excluded. Even small quantities can lead to a criminal charge. THC products such as vape cartridges and oils may fall under separate provisions of the Controlled Substances Act. Concentration/formulation matters.

The Penalties for Marijuana Possession in South Carolina

Simple Possession

In South Carolina, the penalties for marijuana possession depend heavily on the quantity and whether the defendant has prior convictions. Under S.C. Code Ann. § 44-53-370(d)(4), first-offense simple possession of marijuana (defined as one ounce or less) is a misdemeanor punishable by up to 30 days in jail or a fine of up to $200. Although this is the least severe category, it still results in a criminal record, potential driver’s license consequences, and exposure to probation conditions. Any subsequent marijuana offense will lead to more serious criminal penalties.

Possession With Intent to Distribute (PWID)

Possession of more than one ounce may allow prosecutors to pursue possession with intent to distribute (PWID) if the surrounding circumstances suggest distribution. Factors include packaging materials, scales, cash, or text messages. PWID marijuana is a felony. A first offense carries up to five years in prison. Beyond that, the penalties escalate further for subsequent offenses. As the quantity increases, the case may shift into the trafficking statute. In South Carolina, there is a mandatory minimum prison term of one year for possession of ten pounds or more.

Contact Our Columbia, SC, Drug Crimes Defense Attorney Today

At the Law Office of Jonathan M. Harvey, our Columbia criminal defense lawyer has the knowledge and experience to handle drug cases. Were you arrested and charged with marijuana possession? We can help. Our firm has the expertise you can trust when it matters. Contact us today to set up your completely confidential, no obligation initial consultation. From our Columbia law office, we defend marijuana possession charges throughout South Carolina.