HOW MUCH MARIJUANA IS CONSIDERED SIMPLE POSSESSION IN SOUTH CAROLINA?
There has been a great deal of debate about the legalization of marijuana. Federal laws still deems marijuana as a Schedule I illegal drug but some states, like Colorado and Washington, have legalized the use of it. The decriminalization of possession of marijuana in some states will most likely change South Carolina’s underground marijuana marketplace and I suspect it could change the amount, location, and quality of the marijuana found in South Carolina. Whether South Carolina intends to treat offenders any differently is yet to be seen.
In most cases, when a person has less than 28 grams or 1 ounce of marijuana an officer will charge that person with SC Code 44-53-370(d)(4) 1st offense. It is considered a misdemeanor and the penalty, if convicted is not more than 30 days in jail or a fine not less than $100 or more than $200 (plus Court cost). Once convicted, a Judge can order that one attend a drug abuse program. If a person has less than 28 grams of marijuana but there is evidence that the person is distributing marijuana that person can be charged with possession with intent to distribute.
If you are in possession of less than an ounce for the second time you are looking at a misdemeanor and the penalty if convicted, is not more than a year and/or not less than $200 or more than $1,000 (plus Court cost). The Court, if it feels one would benefit, can order one to attend a drug program in this case as well.
Alex Kornfeld is a Criminal Defense Attorney in Greenville, SC. If you, or someone you know has been arrested, or is under suspicion of a crime, it may be in your best interest to consult with an attorney first. You may reach Atty. Kornfeld by phone at 864-335-9990.