Don’t assume a marijuana charge is no big deal because other states have loosened their laws. In South Carolina, the consequences are real.
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Johnathan MWhat Are Marijuana Charges in South Carolina?
Marijuana is a Schedule I controlled substance under South Carolina law. The relevant statutes are SC Code Sections 44-53-370, which cover possession, distribution, and trafficking.
South Carolina marijuana charges fall into several categories depending on the amount involved:
Simple Possession (28 grams or 1 ounce or less): The lightest charge. Possession of 1 ounce or less is a misdemeanor under SC Code Section 44-53-370(d).
PWID Marijuana (more than 1 ounce, less than 10 pounds): Possessing more than 1 ounce of marijuana creates a presumption of intent to distribute under SC Code Section 44-53-370(d)(5). This is a felony, regardless of whether any sale actually occurred.
Trafficking in Marijuana (10 pounds or more): Under SC Code Section 44-53-370(e)(1), possessing 10 pounds or more triggers a trafficking charge with mandatory minimum sentences.
You can also face charges for marijuana cultivation, distribution, and sale, which carry the same penalty structure as PWID and trafficking depending on the quantities involved.
South Carolina does not have a recreational marijuana program. While the General Assembly has debated medical cannabis legislation, it has not been enacted as of 2026. Possessing marijuana for any purpose without lawful authorization is illegal under state law, period.
The Drug Lawyer page covers how Greenville marijuana cases are approached in practice.
Penalties for Marijuana Charges in Greenville, SC
Simple Possession (1 ounce or less): – First offense: Misdemeanor, up to 30 days in jail and a fine of $100-$200 – Second or subsequent offense: Misdemeanor, up to 1 year in jail and a fine of up to $2,000
For first-time offenders, conditional discharge under SC Code Section 44-53-450 may be available. Successfully completing the program results in dismissed charges and potential eligibility for expungement.
PWID Marijuana (more than 1 ounce): Under SC Code Section 44-53-370(b)(2): – First offense: Felony, up to 5 years in prison and a fine of up to $5,000 – Second offense: Felony, up to 10 years and a fine of up to $10,000 – Third or subsequent offense: Felony, 5-20 years (mandatory minimum of 5 years) and a fine of up to $20,000
Yes, you read that correctly. Having slightly more than an ounce of marijuana in South Carolina can send you to prison for up to 5 years, even as a first offense.
Trafficking in Marijuana: Under SC Code Section 44-53-370(e)(1), sentences are mandatory and cannot be suspended: – 10-100 lbs, first offense: 1-10 years (mandatory), $10,000 fine – 10-100 lbs, second offense: 5-20 years (mandatory), $15,000 fine – 10-100 lbs, third or subsequent offense: 25 years (mandatory), $25,000 fine – 100 lbs – 2,000 lbs, or 100-1,000 plants: 25 years (mandatory), $25,000 fine – 2,000 lbs – 10,000 lbs, or 1,000-10,000 plants: 25 years (mandatory), $50,000 fine – 10,000 lbs or more, or more than 10,000 plants: 25-30 years (mandatory minimum 25 years), $200,000 fine
At the trafficking level, no part of the sentence can be suspended, and probation is unavailable.
Cultivation/Growing Marijuana: Growing marijuana is treated as manufacturing, which carries the same PWID penalties. Growing less than 100 plants is a felony with up to 5 years on a first offense. 100 or more plants triggers trafficking penalties.
School and park proximity: Possessing marijuana within a half-mile of a school, playground, or public park is a separate offense under SC Code Section 44-53-445, adding penalties on top of the underlying charge.
How Marijuana Cases Are Prosecuted in Greenville County
Simple possession misdemeanors are typically handled in magistrate court in Greenville County. Felony-level PWID and trafficking charges go to General Sessions Court in the 13th Judicial Circuit.
Marijuana arrests in Greenville most commonly stem from: – Traffic stops where officers detect the odor of marijuana – Searches of residences following complaints or tip-offs – Undercover operations targeting distribution networks – Traffic enforcement where large amounts are found in vehicles
The odor of marijuana is frequently used to justify a search of a vehicle. South Carolina courts have generally allowed the marijuana odor to provide probable cause for a vehicle search, though this is an evolving area of law as other states legalize marijuana.
One charge that surprises many people is PWID. If you have slightly more than one ounce of marijuana, the law presumes intent to distribute regardless of your actual intent. That presumption can be challenged, but it means the burden shifts in a way that puts you at a disadvantage without good legal representation.
The prosecution must prove through SLED lab results that the substance is marijuana and establish the weight. For trafficking cases, both the plant count and the weight matter. Drug Trafficking cases involving marijuana require the same careful attention to weight evidence as other trafficking charges.
Defense Strategies for Marijuana Charges
Challenge the search. The most powerful defense starts at the point of discovery. If the officer didn’t have proper justification to stop you, or if the vehicle search was conducted without a warrant and without a valid exception, the marijuana evidence may be suppressible. Without the marijuana, there’s no case.
Attack the odor justification. Courts have sometimes accepted the odor of marijuana as probable cause for a vehicle search. However, this justification can be challenged. If there’s evidence the officer fabricated the odor claim, or if the claimed odor is implausible given the circumstances, a motion to suppress may succeed.
Contest the weight. The one-ounce threshold between a misdemeanor and a PWID felony is the critical line in marijuana cases. If the measured weight is close to that threshold, challenging the accuracy of the lab measurement or the methodology used can make a significant difference. Similarly, the 10-pound trafficking threshold requires precise measurement.
Challenge the PWID presumption. Possession of more than one ounce creates a presumption of intent to distribute, but it’s a rebuttable presumption. Evidence that the marijuana was for personal use, that you had no distribution materials, and that the quantity is consistent with personal use over time can overcome the presumption.
Conditional discharge for first-time offenders. South Carolina’s conditional discharge statute allows first-time possession offenders to avoid conviction through a probationary program. Completion results in dismissed charges. This is often the best path for first-time offenders facing possession charges.
Plant count disputes. For cultivation charges, the number of plants determines the penalty tier. Challenging how the plants were counted, whether seedlings count, and whether dead or harvested plants are properly included all affect the charge severity.
Knowledge and control. If marijuana was found in a shared space, the prosecution must prove you knew it was there. Challenging constructive possession is a viable defense in the right circumstances.
The Drug Possession page covers how simple possession of all substances, including marijuana, is handled in Greenville County.
Why You Need a Marijuana Lawyer in Greenville
The gap between what you might assume about marijuana charges and what South Carolina law actually says is enormous. A felony conviction for possessing slightly more than an ounce of marijuana can follow you for life. It affects your employment, housing, professional licenses, federal student aid, and civil rights.
Even at the misdemeanor level, a conviction on your SLED record matters. The conditional discharge program exists for a reason: South Carolina recognizes that first-time offenders shouldn’t carry permanent records for simple possession. But accessing that program requires knowing it exists and having an attorney who can navigate the process.
At the PWID or trafficking level, the stakes are even higher. Mandatory minimum sentences leave no room for error in your defense.
The Greenville Criminal Defense Lawyer page explains more about John Crangle’s practice and how he defends clients in the 13th Judicial Circuit.
Contact John Crangle to discuss your marijuana charge in Greenville. Whether you’re facing a first-offense misdemeanor or a more serious charge, having experienced legal counsel makes a real difference.