What Happens if I Get Caught with Marijuana in Rock Hill, South Carolina?
As of 2024, South Carolina is one of four states where marijuana and cannabis products are fully illegal and not decriminalized. The state’s strict legal stance means getting caught with marijuana can lead to serious consequences, including steep fines and jail time.
It is critical to take marijuana charges seriously. If you or a loved one have been charged with possession of marijuana, our Rock Hill drug crimes attorney will handle your case with the utmost dedication. We will work tirelessly to protect our clients' rights and achieve favorable results.
Understanding South Carolina’s Marijuana Laws
For decades, all legislative attempts to modernize and reform marijuana laws have failed. Most recently, medical cannabis legislation passed the Senate but died in the South Carolina House of Representatives twice.
South Carolina is one of the last four states that have not reformed marijuana laws to allow CBD products, medical marijuana, or recreational marijuana. In addition, because the state has not decriminalized weed, marijuana-related crimes can be unfair and excessive.
For example, when most of the country had steadily decriminalized cannabis and legalized medical use, Willie Roy Goodwin was sentenced to 12 years in prison. Goodwin was charged with possessing and selling 8 ounces of marijuana and sentenced in 2009. Today, even the DEA may reclassify and move marijuana to a Schedule II substance after a recent proposal.
What Are the Penalties for Possession of Marijuana in South Carolina?
According to the South Carolina Code of Laws, possessing marijuana or cannabis products containing more than 0.3% THC can be considered a misdemeanor or a felony.
Misdemeanor Marijuana Possession
Applies if you are in possession of less than an ounce of marijuana.
Marijuana Possession Greater Than an Ounce with No Intent to Distribute
Possession of Marijuana with Intent to Distribute
Felony offense and applies if you have between 1 ounce and 10 pounds of marijuana.
Common Myths About Marijuana Possession in South Carolina
Misconceptions about marijuana possession and use often lead to unexpected troubles for residents and visitors alike. Many believe that marijuana possession is a minor offense. However, state laws impose severe penalties even for small amounts. Additionally, the rise in marijuana possession arrests contradicts the perception of lenient enforcement.
Marijuana is Not Decriminalized
Unlike most states, South Carolina has not decriminalized marijuana. Many states, including North Carolina, decriminalized marijuana in the 1970s. There have been multiple attempts to pass legislation, but to date, no measures have been successful.
Marijuana Possession Arrests are on the Rise
Despite assumptions of leniency, marijuana possession arrests are actually increasing across the state. In the last reporting year, the state made more than 10,000 arrests for cannabis possession. Law enforcement has maintained a strong focus on these offenses, resulting in a rise in arrests and prosecutions. This surge underlines the importance of understanding your legal rights and the necessity of having an experienced Rock Hill marijuana possession attorney if charged.
Cannabis Products, Including Vape Pens, Oils, Waxes, Are Illegal
A common myth is that certain cannabis products, like vape pens, oils, and waxes, may be legal or less regulated. In truth, South Carolina law prohibits all forms of cannabis containing more than 0.3% THC. Possession of any cannabis product can incur the same severe penalties as traditional marijuana, emphasizing the need for comprehensive legal knowledge.
How a Rock Hill Drug Crimes Attorney Can Help Protect Your Rights and Mitigate Damaging Consequences
Barboza Law is committed to providing exceptional legal representation for individuals facing marijuana possession charges. As a seasoned drug crimes lawyer in Rock Hill, SC, our firm leverages unique insights from our experience in prosecution to deliver strong advocacy.
We prioritize our clients’ needs, using a wide range of defense strategies to achieve the best possible outcome for your case. Call (803) 973-6003 today and schedule a consultation today.
