South Carolina Medical Marijuana Laws

SOUTH CAROLINA POSSESSION LAWS:

  • 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.
  1. South Carolina Criminal Code, Section 44-53-110
  2. South Carolina Criminal Code, Section 44-53-190(d), 44-53-370(a)
  3. South Carolina Criminal Code, Section 44-53-370(d)(4)

SOUTH CAROLINA DISTRIBUTION LAWS:

  • 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.
  1. South Carolina Criminal Code, Section 44-53-110
  2.  South Carolina Criminal Code, Section 44-53-370(e)

 SOUTH CAROLINA CULTIVATION LAWS:

  • 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.
  1. South Carolina Criminal Code, Section 44-53-110
  1. South Carolina Criminal Code, Section 44-53-370(e) 

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 Distribution

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 – 1,000 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