Laws - View Law: Possession of Marijuana

The possession of marijuana is illegal in South Carolina and can result in serious consequences.  South Carolina Code section 44-53-370 states what the penalties are for someone who is convicted of possession of marijuana.  The penalties become more severe

If a person is caught with 1 ounce of marijuana or less, that is considered simple possession and is a misdemeanor.  For a first offense, a person would face a fine between $100 and $200 or up to 30 days in jail.  On top of that, a judge or magistrate can order the person to attend a drug abuse program.  For a second offense a person would face a fine between $200 and $1,000, up to 1 year in jail, or both. 

If a person is caught with more than 1 ounce of marijuana, that is considered possession with intent to distribute and is a felony.  A first offense is punishable by a fine up to $5,000, up to 5 years in jail, or both.  For a second offense, a person would face up to a $10,000 fine, up to 10 years in prison, or both.  For a third offense, a person would face at least 5 years in prison but no more than 25 years, a fine up to $25,000, or both. 

If a person is caught with 10 pounds of marijuana or more, that is considered trafficking in marijuana and is a felony.  For a first offense, a person would face 1 to 10 years in prison with no possibility of probation or a suspended sentence and a $10,000 fine.  For a second offense, a person would face 5 to 25 years in prison with no possibility of probation or a suspended sentence and a $15,000 fine.  For a third offense, a person would face a mandatory sentence of 25 years in prison and a $25,000 fine. 

Finally, if a person is caught with more than 10 pounds of marijuana, that person is looking at a mandatory sentence of 25 years.