New South Carolina Weed Laws and Penalties 2024

The cultivation of industrial hemp in South Carolina dates back to at least the 18th century. In 1733, an act was passed in the colony to encourage the growth of hemp for its “useful manufacture to his Majesty’s Royal Navy”. 

The cultivation of industrial hemp was greatly limited nationwide as a result of the federal 1937 Marihuana Tax Act.

In 2017, South Carolina re-legalized the growing of industrial hemp, under the auspices of the federal 2014 Farm Bill. South Carolina Weed Laws are restrictive in Nature and its allowed for Medical Marijuana

The new legislation permits up to 20 cultivators to hold state licenses for 20 acres each, expanding to 50 licenses and 50 acres for 2018.

Evolution of South Carolina Weed Laws

In 2014, the South Carolina General Assembly passed S. 1035, also known as Julian’s Law. The legislation made it legal only for patients who have been diagnosed with epileptic conditions such as Lennox-Gastaut Syndrome, Dravet’s Syndrome, and severe seizures to access low-THC CBD oil.

Qualifying patients must have a doctor’s recommendation to use CBD products and such products must contain at least 98% CBD content and no more than 0.9% THC content.

In 2015, the South Carolina House of Representatives initiated the Medical Marijuana Program Act, H. 407. This legislation was stalled in the Senate by the Medical Affairs Committee.

To make the bill more likely to pass in the Senate, two years later, it was amended and renamed the Compassionate Care Act (2017), but it was also killed on the floor of the Senate.

In 2019, the South Carolina House of Representatives amended the Compassionate Care Act and sought to have the bill approved by the Senate. The bill noted that clinical research had proven the medical benefits of cannabis in treating and relieving health conditions that had proved unresponsive to other drugs and therapies.

It was pointed out that the painkilling qualities of medical marijuana would greatly reduce the dependency of South Carolina patients on harmful opiates.

After deliberations on the provisions of the amended legislation, the Medical Affairs Committee of the Senate decided to adopt a bill focused solely on CBD rather than marijuana.

In February 2022, SB 150, also named the South Carolina Compassionate Care Act, was passed by the Senate. SB 150 would have permitted qualifying patients in the state to access medical marijuana from licensed dispensaries but died in the House in May 2022.

The progress of the legislation was stalled after a legal challenge on procedural grounds by a member of the South Carolina House, Rep. John McGreevy who argued that the legislation ought to have originated in the South Carolina House and not the Senate.

Is Marijuana Legal in South Carolina?

South Carolina has restricted medical cannabis laws, although some states have legalized the drug. A highly restrictive medical cannabis law was passed by the state in 2014, limiting the use of CBD oil to individuals with severe forms of epilepsy.

Nevertheless, no other medical conditions were authorized by the law to use marijuana. According to the South Carolina Weed Laws, Marijuana use for recreational purposes is prohibited.

Any amount of cannabis found in one’s possession could result in legal action. The amount of marijuana possessed determined the penalties for possession.

Small amounts (less than one ounce) of marijuana were regarded as misdemeanors, punishable by fines and possibly even jail time. Greater quantities may result in felony charges and harsher punishments.

Drug Law in South Carolina

South Carolina is one of the few states that does not have either Legalized, Decriminalized, or Medicinal marijuana. However, in 2014 the state legalized high CBD/low THC extracts for medical use.

Since the 1970s Marijuana has been illegal to possess in the Palmetto State. In the 1990s and 2000s Marijuana laws started to change throughout the country.

However, South Carolina voters and lawmakers have not changed much when it comes to the criminal code and this illicit substance.

Although a first-time simple possession offense is a misdemeanor, it can still result in fines and jail.

Marijuana is classified as a Schedule 1 Dangerous Controlled Substance, This means that the state’s authorities consider it a substance with a high likelihood of abuse and little to medicinal value.

Being charged with possession with intent to distribute, or worse, with drug trafficking or cultivation is serious. These are some of the worst crimes a person can be convicted of.

2014: Julian’s Law passed by the South Carolina General Assembly. It allows patients suffering from intractable epileptic symptoms to access low-THC/high-CBD products with at least 15% CBD content and a THC content not exceeding 0.9%.

Julian’s Law also made it permissible for South Carolina residents suffering from epilepsy to take part in CBD-based clinical trials approved by the Food and Drug Administration (FDA).

Federal Legalization of Weed in 2023

In April 2022, the U.S. Federal House of Representatives passed a bill to legalize the use and possession of marijuana. Titled the Marijuana Opportunity Reinvestment and Expungement Act (MORE), the bill requires Senate approval before it can be adopted as law.

The MORE Act contains provisions that would remove marijuana from the list of Schedule 1 drugs in the Controlled Substances Act.

There are also provisions in the MORE Act for persons who were convicted of and served prison time for ordinary marijuana possession offenses to have their cases expunged.

This would pave the way for them to validly claim to have never been convicted of marijuana-related offenses. Persons whose marijuana offenses were violent would be ineligible for expungement when and if the MORE Act becomes law.

Such individuals must apply to federal courts to have their cases reviewed and expunged. Because of the negative cultural connotations of words like ‘marihuana’ and ‘marijuana’, Section 11 of the MORE Act proposes the removal of the aforementioned Mexican-origin words in official documents and their replacement with the more culturally neutral ‘cannabis.’

Cannabis in South Carolina

Cannabis is not legal in South Carolina. However, the state permits the use of low-THC CBD oils with no more than 0.3% THC concentration and at least 15% CBD for the treatment of epilepsy patients.

Marijuana is especially high in the psychoactive compound tetrahydrocannabinol (THC), which induces mind-altering effects in users. As a result, the United States government thinks that the plant or its derivatives have no medical value and that consumption could lead to abuse and dependency.

Any Cannabis sativa plant with a THC content of more than 0.3% is considered marijuana and is illegal according to federal and South Carolina laws. Legal Sale of Cannabis.

Because cannabis is still illegal in South Carolina, there are no legal sales except for the limited low THC/ high CBD hemp-derived products available for qualifying epileptic patients.

The state has no medical marijuana program, but patients who have written recommendations from their doctors can obtain low-THC/ high-CBD products solely to relieve severe epilepsy symptoms.

Penalties for Marijuana-related Crimes in South Carolina

Possession

The penalties for possession of marijuana in South Carolina, as enshrined in the state’s Code of Laws, are as follows:

1. An individual found in possession of 1 ounce or less of marijuana will be charged with a misdemeanor. This offense carries a jail sentence of 30 days and a fine of up to $200
2. An individual convicted for the first time of possessing marijuana for personal use is charged with a misdemeanor. This offense carries a stipulated minimum sentence of one year in prison and a fine of $2,000
3. An individual found in possession of marijuana exceeding 10 pounds but not above 100 pounds will be charged with a felony. This offense carries a prison sentence of between 1 -10 years in addition to a $10,000 fine
4. An individual found in possession of marijuana concentrates will be charged with a misdemeanor. This offense carries a sentence of 30 days in prison as well as a maximum fine of $200
5. An individual arrested while purchasing marijuana within a half-mile radius of a South Carolina park or school will be charged with a misdemeanor. This offense carries a prison sentence of up to one year in addition to a $1,000 fine
6. An individual found in possession of 10 grams or less of marijuana concentrates will be charged with a misdemeanor. This offense carries a prison term of up to 30 days and a fine of $200
7. An individual found in possession of more than 10 grams of marijuana concentrates will be charged with a misdemeanor. This offense carries a prison term of up to five years and a fine of up to $5,000

Possession With Intent To Distribute

In South Carolina, an individual is arrested with at least 1 ounce but not up to 10 pounds of marijuana and is deemed to have the Intent to distribute it.

This offense is considered a felony and attracts a prison term of up to five years and/or a $5,000 fine. If the offender is arrested within a half-mile radius of a park or school, the sentencing judge has the authority to add 10 years to the prison sentence and impose an additional $10,000 fine.

Cultivation

South Carolina law provides for marijuana cultivation offenses to be penalized according to the number of plants involved:

1. An individual found cultivating less than 100 marijuana plants will be charged with a felony. The offense carries a prison term of up to five years and a fine of $5,000
2. An individual found cultivating between 100 and 1,000 marijuana plants will be charged with a felony. The offense carries a mandatory prison term of 25 years and a fine of $25,000
3. An individual found cultivating between 1,000 and 10,000 marijuana plants will be charged with a felony. The offense carries a mandatory prison term of 25 years and a fine of $50,000
4. An individual found cultivating more than 10,000 marijuana plants will be charged with a felony. The offense carries a mandatory prison term of 25 years and a fine of $200,000

Driving Under The Influence Of Marijuana (DUI)

It is unlawful in South Carolina to drive a motor vehicle while under the influence of marijuana.

1. An individual caught driving under the influence will face between 48 hours – 30 days in jail if they are first-time offenders. They will also be required to pay a fine of $400. The sentencing judge has the discretion to order that the convicted individual attend sessions with the South Carolina Alcohol and Drug Safety Action Program (ADSAP). DUI convicts must enroll in the ADSAP program within one month of their sentencing
2. An individual caught driving under the influence a second time will face between five days and one year in jail. They will also be required to pay a fine of between $2,100 – $5,000. The court can also order that the convicted individual attend sessions with ADSAP
3. A third-time DUI offender will face between 60 days and 3 years in jail and will be levied a fine of between $3,800 to $6,000. The court may also require the convicted individual to attend ADSAP sessions
4. An individual caught driving under the influence of marijuana will face between 1 to 5 years in jail. Attendance at ADSAP sessions may also be deemed necessary.

Possible Remedies For Defendants Of Violating South Carolina Marijuana Laws

Individuals charged with violating South Carolina marijuana laws can remedy their situation by engaging the services of marijuana defense attorneys. It is also possible for marijuana offense defendants who were merely arrested in proximity to the substance to claim that they were not in actual possession of marijuana.

Confiscation Of Assets

The South Carolina Code of Laws provides for the confiscation of materials and assets related to marijuana offenses. Law enforcement agents can confiscate :

1. Marijuana is seized in the course of marijuana possession or distribution arrests.
2. Paraphernalia and other materials related to the manufacture of marijuana.
3. Marijuana plants cultivated in furtherance of the offense.
4. Money discovered alongside marijuana during an arrest or investigation.
5. Property and assets like houses or vehicles that are used in facilitating marijuana distribution and trafficking.

FAQs

References:

South Carolina’s Weed Laws – Kent Law Firm (shaunkentlaw.com)

Marijuana Laws – Everything you Need to Know in South Carolina (davidtarrlaw.com)

2013-2014 Bill 1035: Medical Cannabis Therapeutic Treatment Research Act (scstatehouse.gov)

2015-2016 Bill 4037: Medical Marijuana Program Act – South Carolina Legislature Online (scstatehouse.gov)

Code of Laws – Title 44 – Chapter 53 – Poisons, Drugs, And Other Controlled Substances (scstatehouse.gov)

H.R.3617 – 117th Congress (2021-2022): Marijuana Opportunity Reinvestment and Expungement Act | Congress.gov | Library of Congress

U.S. Food and Drug Administration (fda.gov)

2013-2014 Bill 1035: Medical Cannabis Therapeutic Treatment Research Act (scstatehouse.gov)