Marijuana sale or possession in South Carolina can lead to felony drug charges and the penalties for conviction under those charges are much more severe. To understand in more detail, a person who violates the law with respect to possession of 1 ounce or less of marijuana is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than 30 days or fined not less than $100 but not more than $200. Conditional release may be granted in accordance with the provisions of law upon approval by a magistrate or judge.
As a part of a sentence, a magistrate or judge may need attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana may be permitted to enter the pretrial intervention program. For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than 1 year or fined not less than $200 nor more than $1000, or both.
Like possession, the sale or distribution of marijuana also attracts felony drug charges and the consequences of a conviction are much more severe when compared to misdemeanor charges. According to South Carolina laws, sale of ten pounds or more of marijuana is guilty of felony offense and can result in a prison sentence of one to ten years accompanied by a fine of $10,000. The sentence can be five to twenty years along with a fine of $15,000, if the offender commits it second time. Conviction for a third or subsequent offense in such cases attracts a minimum prison sentence of twenty-five years. The maximum fine amount in such cases can be as high as $25,000.
Conviction for sale or distribution of marijuana from 100 to 2,000, or 100 to 1000 marijuana plants regardless of weight, attracts a minimum prison sentence of 25 years and a fine of $25,000. When the amount of marijuana being sold or distributed is over 10,000 pounds, or ten thousand marijuana plants, the minimum prison sentence is 25 years and can go up to 30 years along with a maximum fine of $200,000.
Additionally, if an individual is found selling marijuana to a minor, or within a one-half mile radius of a school, playground, or public park, the offense is considered a felony that can attract a prison sentence of up to 10 years along with a maximum fine of $10,000.