Marijuana Charges in South Carolina
Though legalized in many states, possession of marijuana is still illegal in South Carolina in most circumstances. Depending on the facts and circumstances surrounding the incident, several charges can occur, including.
- Simple Possession of Marijuana
- Possession of drug paraphernalia
- Possession with intent to distribute marijuana (PWID)
Possession of Marijuana in South Carolina
In South Carolina, marijuana is considered to be not only all species or variety of the marijuana plant, but also the seeds of the marijuana plant, the resin extracted from the marijuana plant, or any derivative of the marijuana plant.
A simple possession of marijuana charge in South Carolina typically occurs when you are caught in the possession or control of marijuana in the amount of up to half an ounce.
Penalty for simple possession of marijuana in South Carolina
A simple possession charge is considered a misdemeanor and can result in up to 30 days in jail and/or a $100-$200 fine.
Possession of Drug Paraphernalia in South Carolina
Along with a marijuana possession charge or even in absence of an accompanying drug, a defendant can be charged with possession of drug paraphernalia in South Carolina.
Depending on the facts and circumstances, item that can be considered drug paraphernalia in South Carolina include, but are not limited to:
- Metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana pipes
- Water pipes designed for use or intended for use with marijuana
- Reparation gins designed for use or intended for use in cleaning marijuana
- Any device that is intended for use in ingesting, smoking, administering, manufacturing or preparing marijuana can be deemed paraphernalia.
Penalties for Marijuana Related charges in South Carolina
Possession of drug paraphernalia is a misdemeanor and can result in up to 30 days in jail and/or up to a $500 fine.
Possession with Intent to Distribute Marijuana in South Carolina
If you have been found in the possession of marijuana in South Carolina, and that amount weighs more than 28 grams (1 ounce) and up to 10 pounds, you can be charged with possession with intent to distribute (PWID). The rationale behind this charge of Possession With the Intent to Distribute is that the police have a reasonable belief that your possession of it was for more than just your personal use.
In addition to the amount of marijuana in question, the Police will use the facts and circumstances surrounding your situation to determine if you intended to sell marijuana, including but not limited to an analysis on how the marijuana was packaged, and whether scales or other items used to break larger quantities of marijuana into smaller ones were present at the time of your arrest.
Penalty for Possession With Intent to Distribute Marijuana In South Carolina
Penalties for Possession With Intent to Distribute Marijuana in South Carolina are based on the defendant’s prior convictions.
First offense – Felony – Up to 5 years in jail – Up to $5,000 in fines
Second offense – Felony – Up to 10 years in jail – Up to $10,000 in fines
Third offense – Felony – 5-20 years in jail – Up to $20,000 in fines
If you have been charged with a marijuana possession crime in Rock Hill South Carolina, or Been charged with a marijuana possession charged in Lancaster South Carolina, you should speak with a criminal defense attorney. Gilles Law will be able to help – 980-272-8438.