A Marijuana Charge Still Matters in South Carolina
South Carolina continues to classify marijuana as a Schedule I controlled substance and specifically criminalizes unlawful possession. The seriousness of the charge can depend on the amount involved, prior marijuana convictions, how the substance was found, and whether law enforcement alleges that it was intended for distribution.
Sharpe & Leventis, LLC represents people facing marijuana charges throughout Columbia and surrounding South Carolina communities.
We look at what police found, where they found it, who had access to it, how the search occurred, and whether the evidence actually supports the charge filed.
Marijuana Possession Laws in South Carolina
South Carolina law draws an important line between simple possession, possession with intent to distribute, and trafficking.
Simple Possession — 28 Grams or Less
Possession of 28 grams—or one ounce—or less of marijuana is generally treated as simple possession. For a first offense, it is a misdemeanor punishable by:
- Up to 30 days in jail
- A fine of $100 to $200
The statute also allows certain first-offense cases to be considered for conditional discharge or pretrial intervention.
For a second or subsequent qualifying marijuana-possession offense, the potential penalty increases to up to
one year in jail, a fine of
$200 to $1,000, or both.
More Than 28 Grams Can Support a PWID Charge
South Carolina law provides that possession of more than 28 grams or one ounce of marijuana is prima facie evidence of a violation of the statute governing distribution and possession with intent to distribute.
That means quantity alone can significantly change how the State approaches the case.
A PWID charge is much more serious than simple possession and is generally prosecuted as a felony.
Marijuana Trafficking Begins at 10 Pound
South Carolina separately defines possession of 10 pounds or more of marijuana as trafficking in marijuana.
For 10 pounds or more but less than 100 pounds, a first offense carries a prison term of
one to 10 years and a $10,000 fine under the current statute. The penalties become substantially greater at higher quantities.
What Does the State Have to Prove in a Marijuana Possession Case?
Finding marijuana nearby does not automatically prove that every person in the area possessed it. South Carolina law requires knowing or intentional possession. Possession can generally be alleged in two ways.
Actual Possession
Actual possession generally means the substance was directly on the person or within the person’s immediate physical custody.
Constructive Possession
Constructive possession can be alleged when marijuana is found somewhere else, but the State claims the accused knew it was there and had control over it. That issue often comes up when marijuana is found in:
- A car with multiple passengers
- A shared apartment
- Someone else’s bedroom
- A backpack or container
- A common area
- A borrowed vehicle
South Carolina appellate courts have recognized that mere presence where drugs are found is not enough by itself to establish constructive possession. The surrounding circumstances and evidence linking the person to the drugs matter.
What If Marijuana Was Found in a Car With Several People?
The fact that marijuana was found somewhere inside a vehicle does not necessarily establish who owned or controlled it. Questions may include:
Where Was the Marijuana Located?
Was it in the center console, passenger floorboard, trunk, glove box, someone’s bag, or somewhere else?
Who Owned or Drove the Vehicle?
Vehicle ownership can matter, but it does not automatically determine possession.
Who Had Access to the Area?
If several people could reach or use the place where marijuana was found, that may affect the State’s possession theory.
Did Anyone Make Statements?
Statements admitting knowledge or ownership—or statements from other occupants—can become important evidence.
Was There Other Evidence Linking the Marijuana to One Person?
The investigation may involve photographs, fingerprints where relevant, packaging, personal belongings, text messages, or other evidence.
How Did Police Find the Marijuana?
A marijuana defense should not begin and end with the substance itself. The circumstances leading to the search can be just as important.
Traffic Stops
The defense may examine why the vehicle was stopped and whether the officer had a lawful basis to extend the encounter.
Consent Searches
Police may claim the driver or another person agreed to a search. Questions can include who gave consent, whether that person had authority to do so, and how broad that consent actually was.
Vehicle Searches
Vehicle searches can involve issues of probable cause, consent, warrants, arrest, or other recognized legal exceptions.
Search Warrants
If officers used a warrant, the defense can examine the information used to obtain it and whether police stayed within the areas and items authorized by the warrant.
Searches of Homes or Apartments
Cases involving residences can raise additional questions about who lived there, who controlled particular rooms, and who had access to the area where marijuana was discovered.
When Can a Marijuana Charge Become More Serious?
Quantity is important, but it is not the only factor.
Allegations of Distribution
Police may point to the amount of marijuana, packaging, scales, cash, messages, or other evidence to argue that the substance was intended for distribution rather than personal use.
Prior Marijuana Convictions
South Carolina has specific rules for deciding when a marijuana offense counts as a second or subsequent offense. A prior first marijuana-possession conviction within the preceding five years can affect later marijuana-possession charges.
Proximity to Schools, Parks, or Colleges
South Carolina creates a separate offense for certain distribution, manufacturing, purchase, or PWID activity occurring within one-half mile of qualifying schools, playgrounds, parks, vocational schools, and colleges or universities.
Current law also requires the State to prove that the accused knew they were within the protected area and that the drug offense actually occurred there.
That can be particularly relevant in Columbia given the number of schools, parks, and areas surrounding
USC.
Larger Quantities
At 10 pounds or more, the charge can become marijuana trafficking, bringing a very different penalty structure.
Can a First Marijuana Possession Charge Be Dismissed?
Possibly, depending on eligibility and the circumstances. South Carolina provides several avenues that may be relevant to certain first-time possession cases.
Conditional Discharge
Under South Carolina Code §44-53-450, an eligible person with no prior qualifying drug conviction may, with the person’s consent, have proceedings deferred while completing probation and any required conditions.
If those conditions are successfully completed, the court can discharge the person and dismiss the proceedings without an adjudication of guilt.
The marijuana-possession statute also specifically references conditional discharge for qualifying simple-possession cases.
Pretrial Intervention
South Carolina law also states that people charged with qualifying marijuana or hashish possession may be permitted to enter the state’s Pretrial Intervention Program.
Eligibility and whether a particular option is available depend on the person’s history, the charge, the prosecutor, and the circumstances.
A first offense should therefore be evaluated before assuming that pleading guilty and paying a fine is the only option.
Can a Marijuana Possession Charge Be Expunged?
Potentially. A person who successfully completes a conditional discharge may apply for expungement of the related official records under §44-53-450.
South Carolina also separately allows a person with a qualifying
first simple-possession conviction to seek expungement after
three years from completion of the sentence, assuming the statutory requirements are met, and there are no disqualifying convictions during that period.
What Should You Do After a Marijuana Possession Charge?
Do Not Assume the Charge Is Too Minor to Matter
Even a first simple possession charge is a criminal misdemeanor under South Carolina law.
Be Careful About Explaining the Marijuana to Police
Statements about ownership, knowledge, amount, where the substance came from, or what someone intended to do with it may become evidence.
Preserve Relevant Evidence
Keep messages, photographs, receipts, video, witness information, or other records that may relate to the charge. Do not delete or alter potentially relevant material.
Write Down How the Search Happened
Document what led to the police encounter, what officers said, whether anyone gave consent, where the marijuana was found, and who else was present.
Review Your Options Before Entering a Plea
A first offense may involve options such as conditional discharge, PTI, evidentiary challenges, or another resolution depending on the circumstances.
How Sharpe & Leventis Approaches a Marijuana Possession Case
01
We Start With the Police Encounter
We examine why law enforcement stopped, approached, detained, or investigated the client in the first place.
02
We Review the Search
We look at whether police relied on consent, probable cause, a warrant, or another basis for searching.
03
We Examine Possession
When marijuana was found in a vehicle, residence, bag, or other shared area, we evaluate what actually connects the client to it.
04
We Review the Weight and Charge
The difference between 28 grams or less, more than 28 grams, and trafficking-level quantities can dramatically change the case.
05
We Challenge Assumptions About Intent
If the State alleges PWID, we look at the evidence it claims demonstrates distribution rather than simply accepting the charge at face value.
06
We Identify Available First-Offense Options
Where appropriate, we evaluate conditional discharge, pretrial intervention, expungement implications, and other possible resolutions.
Frequently Asked Questions
How much marijuana is considered simple possession in South Carolina?
Possession of 28 grams or one ounce or less is generally treated as simple marijuana possession under South Carolina Code §44-53-370.
Can I go to jail for a first marijuana possession charge?
Yes. A first offense for possession of 28 grams or less is a misdemeanor carrying up to 30 days in jail or a $100 to $200 fine under current South Carolina law.
Does having more than an ounce automatically mean I was selling marijuana?
South Carolina law creates a statutory inference when someone possesses more than 28 grams or one ounce, which can support a PWID-type charge. The defense should still examine the weight, possession, search, and other evidence surrounding the allegation.
Can I be charged if the marijuana belonged to someone else in the car?
Potentially, but simply being in the same car does not automatically establish possession. The State still must connect the accused to the marijuana through evidence of knowledge and control.
Can a first marijuana possession case be dismissed through conditional discharge?
Some eligible first-time possession cases may qualify. Under §44-53-450, successful completion of conditional discharge can result in dismissal without an adjudication of guilt, followed by potential expungement.
Contact Our Columbia Law Firm for a Free Consultation Today.
Tell
Sharpe & Leventis, LLC
how the case started and where the marijuana was found. We can review the charge, the search, and the evidence and help you understand what options may be available.