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South Carolina Marijuana Laws

Possession

Possession of 1 oz. or less is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a fine of $100-$200.*

* A conditional release based upon participation in the pretrial intervention program may be granted.

A subsequent conviction for possession of 1 oz. or less is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a fine of $200-$1,000.

Sale or Trafficking

Sale of less than 10 lbs. is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Sale of 10 lbs.-100 lbs. is a felony punishable, for a first offense, by a mandatory minimum sentence of 1 year imprisonment and a maximum sentence of 10 years imprisonment, as well as a fine of $10,000.

Sale of 10 lbs.-100 lbs. is a felony punishable, for a second offense, by a mandatory minimum sentence of 5 years imprisonment and a maximum sentence of 20 years imprisonment, as well as a fine of $25,000.

Sale of 10 lbs.-100 lbs. is a felony punishable, for a third or subsequent offense, by a mandatory sentence of 25 years imprisonment, as well as a fine of $25,000.

Sale of 100 lbs.-2,000 lbs. is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $25,000.

Sale of 2,000 lbs.-10,000 lbs. is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $50,000.

Sale of more than 10,000 lbs. is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $200,000.

Sale to a minor, or within a one-half mile radius of a school, playground, or public park is a felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $10,000.

Cultivation

Cultivation of fewer than 100 plants is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Cultivation of 100-1,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $25,000.

Cultivation of 1,000- 10,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $50,000.

Cultivation of more than 10,000 plants is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $200,000.

Hash & Concentrates

Simple possession of 10 grams or less of hashish or hashish concentrate is a misdemeanor, and upon conviction, is punishable by imprisonment of up to 30 days and a fine between $100-$200. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Pre-trial intervention and conditional release may be granted for first time offenders.

Possession of more than 10 grams of hashish or hashish oil is per se possession with intent to distribute. A conviction for PUID is punishable, for a first offense, by imprisonment for not more than five years and a fine of not more than $5,000. For a second offense, whether the conviction was in SC or in another state, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years nor fined more than $10,000. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, and/or fined not more than $20,000.

Paraphernalia

Possession of paraphernalia is a “civil citation” punishable by a maximum fine of $500.

OFFENSE PENALTY INCARCERATION MAX FINE

Possession

1 oz or less (first offense) misdemeanor 30 days $ 200
1 oz or less (subsequent offense) misdemeanor 1 year $ 1,000

Sale or Trafficking

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
2000 – 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

Cultivation

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

Hash & Concentrates

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

Paraphernalia

Possession of paraphernalia civil citation N/A $ 500

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