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 fewer 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
2. South Carolina Criminal Code, Section 44-53-370(e)