| 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 | $ 2,000 |
| 1 oz or more (first offense) | Felony | 5 years | $ 5,000 |
| 1 oz or more (second offense) | Felony | 10 years | $ 10,000 |
| 1 oz or more (subsequent offenses) | Felony | 5* - 20 years | $ 20,000 |
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 |
| 2,000 - 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 |
| Updated May 12, 2023 | |||
Penalty Details
Possession
Possession of 1 ounce 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 ounce or less is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
Possession of 1 ounce or more is a felony punishable by up to 5 years imprisonment or a fine of $5,000. A second offense is a felony punishable by up to 10 years imprisonment or a fine of $10,000. Subsequent offenses are a felony punishable by at least 5 years and up to 20 years along with a fine of $20,000.
- S.C. Code Ann. § 44-53-110 (2015) Web Search
- S.C. Code Ann. § 44-53-190(d), 44-53-370(a) (2015) Web Search
- S.C. Code Ann. § 44-53-370 (2015) Web Search
Sale or Trafficking
Sale of up to 10 pounds is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
Sale of between 10 pounds and 100 pounds 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 maximum fine of $10,000.
Sale of 10 pounds-100 pounds 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 pounds-100 pounds 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 pounds-2,000 pounds is a felony punishable by a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $25,000.
Sale of 2,000 pounds-10,000 pounds 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 pounds 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.
- S.C. Code Ann. § 44-53-110 (2015) Web Search
- S.C. Code Ann. § 44-53-370(e) (2015) Web Search
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.
- South Carolina Criminal Code, Section 44-53-110 Web Search
- South Carolina Criminal Code, Section 44-53-370(e) Web Search
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.
- S.C. Code Ann. § 44-53-370(d)(4) Web Search
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.
- S.C. Code Ann. § 44-53-370(b)(2) (2015) Web Search
Paraphernalia
It is illegal to manufacture or sell drug paraphernalia. Possession of paraphernalia is a “civil citation” punishable by a maximum fine of $500.
- S.C. Code Ann. § 44-53-110 (2015) Web Search
- S.C. Code Ann § 44-53-391 (2015) Web Search
Last Updated May 12, 2023
More Information
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.