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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)

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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

South Carolina

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