Marijuana Laws in South Carolina Explained

As of today, South Carolina still treats marijuana as a controlled substance, which means most possession, use, sale, or growing is a crime.

There is a narrow exception:

• Hemp-derived products (like CBD) only if they contain ≤0.3 Delta 9 THC.

Anything above those limits is treated as illegal marijuana. Legal hemp/CBD can become illegal if the THC limits are exceeded.

In South Carolina, marijuana penalties vary a lot depending on how much is involved and what you’re accused of doing with it. The law basically scales from minor misdemeanor possession to serious felony trafficking. For example, the lowest level offense of Simple Possession (1 ounce or less) could result in up to 30 days in jail and/or a fine for a first offense. However, a Possession With Intent to Distribute charge of more than 1 ounce  is a Felony and could draw up to 5 years in prison. Penalties related to trafficking large amounts are much more severe and mandatory, and judges have very little flexibility. 

Bottom line, the biggest factor in sentencing is quantity and repeat offenses. Crossing the 1-ounce threshold often turns things into a felony charge. Large amounts could trigger mandatory prison time, and repeated offenses significantly increase penalties.

Hunter Blouin has a wealth of experience handling marijuana-related charges. As Head of the Drug Unit for the Greenville County Solicitor’s Office for a number of years, he brings insider knowledge of how drug cases are built and prosecuted in South Carolina. He understands what evidence prosecutors rely on and where cases are weak.

As a defense attorney, he has represented dozens of defendants on a broad range of marijuana charges, from simple possession misdemeanors to felony distribution and trafficking, and has effectively negotiated for reduced charges or dismissal in many cases. 

If you or someone you know is arrested on a marijuana-related charge in South Carolina, reach out today for a free consultation from an experienced drug lawyer, and let Hunter get to work for you.