Many states across the country have taken steps to legalize medicinal and recreational marijuana use. And while the Palmetto State has permitted the use of certain derivatives of marijuana for patients with seizure disorders, the law and its enforcement remain murky. Here are the basics of South Carolina’s marijuana laws as they currently stand.
As noted above, state laws regarding marijuana can vary. Some states allow recreational use, while others only permit medicinal use, while a few others prohibit marijuana use entirely. The chart below highlights some of South Carolina's marijuana laws.
| Code Section | South Carolina Code of Laws 44-53-110: Narcotics and Controlled Substances |
| Possession | Misdemeanor:Â Under 1 oz.: 30 days and/or $100 to $200 Over 1 oz.: Prima facie guilty of sale Subsequent offense under 1 oz.: 1 yr. and/or $200 to $1000 |
| Sale | Felony: up to 5 yrs. and/or up to $5,000 Second offense: felony, up to 10 yrs. and/or up to $10,000 Third offense: felony, 5-20 yrs. and/or up to $20,000 Sale to minor: felony, up to 10 yrs. and up to $10,000 |
| Trafficking | 10-99 lbs.: 1-5 yrs. and up to $10,000; 2nd offense: 5-20 yrs and up to $15,000; Third offense: mandatory 25 yrs. and $25,000; 100-1,999 lbs. or 100-1000 plants: mandatory 25 yrs. and $25,000; 2000-9,999 lbs. or 1000-10,000 plants: mandatory 25 yrs. and $50,000; Over 10,000 lbs. or over 10,000 plants: 25-30 yrs. and $200,000 |
South Carolina’s statutes are generally more restrictive than other state marijuana laws. In addition, possession of even small amounts of marijuana remains illegal under federal law according to the Controlled Substance Act. Even if South Carolina were to legalize marijuana, federal law always supersedes state law, and the federal government hasn’t given up on enforcing restrictions on interstate cases of pot possession, manufacturing and cultivation, and trafficking and distribution. To date, South Carolina has no plans to legalize marijuana, and even an extended medicinal marijuana bill failed to make it to a hearing.
Although there is no major change in the works currently, state marijuana laws can evolve along with social attitudes regarding drugs. For more articles and information on this topic, you can visit FindLaw’s drug charges section. Finally, if you or someone you know may have a drug or substance abuse problem, South Carolina’s Department of Alcohol and Other Drug Abuse has online, phone, and in-person resources that can help.
Marijuana possession, trafficking, and cultivation are all still illegal in South Carolina. But the laws are changing across the country every year. If you or someone you love is charged with a marijuana-related crime, you should speak with a South Carolina drug crimes attorney to learn about your options.Â
