South Carolina Marijuana Laws
All forms of marijuana are illegal in South Carolina. In 2014 the state approved use of prescribed CBD products containing less than 0.9% THC by patients suffering from a limited list of conditions.
LAW BREAKDOWN
LAW BREAKDOWNS
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 1 year in jail and $2,000 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1 oz or less (first offense) | Misdemeanor | 30 days | $ 200 |
| 1 oz or less (subsequent offense) | Misdemeanor | 1 year | $ 2,000 |
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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 5 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 1 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 5 years in prison and as many as 20, plus $25,000 in potential fines. 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 fines of as much as $200,000.
Sale or trafficking to a minor or within half a 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 | |||
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Cultivation
It is also a felony to grow any number of marijuana plants. With less than 100 plants, the maximum is 5 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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 | |||
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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 a misdemeanor punishable by as many as 30 days in jail and up to $200 in fines. Possessing more than 10 grams, also a misdemeanor, carries a top penalty of 5 years in prison and $5,000 in fines. Penalties are enhanced on subsequent convictions.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 | |||
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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.
Paraphernalia possession is decriminalized, and the only penalty is a $500 fine.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of paraphernalia | Civil Citation | N/A | $ 500 |
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Medical Marijuana
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
South Carolina Marijuana Attorneys
The following South Carolina lawyers are actively involved in the practice of cannabis law:
