Marijuana And Drugs
S.C. Code 44-53-370 — one ounce or less is a misdemeanor; more than one ounce is prima facie intent to distribute
One ounce or less. Possessing twenty-eight grams or one ounce or less of marijuana, or ten grams or less of hashish, is a misdemeanor carrying up to thirty days or a fine of $100 to $200 for a first offense, and up to one year or a fine of $200 to $1,000, or both, for a second or later one.
Possessing more than one ounce of marijuana, or more than the other amounts the section lists for each drug, makes a person prima facie guilty of possession with intent to distribute. Knowingly or intentionally possessing a controlled substance at all is unlawful unless it was obtained from a practitioner or under a valid prescription, or the article otherwise allows it.
- A Schedule I or II narcotic, or LSD: a misdemeanor carrying up to two years or a fine of up to $5,000 for a first offense, and a felony after that.
- Cocaine: a misdemeanor carrying up to three years or a fine of up to $5,000 for a first offense, and a felony after that.
- Any other controlled substance in Schedules I to V: a misdemeanor carrying up to six months or a fine of up to $1,000 for a first offense.
- More than two grains of fentanyl: a felony carrying up to five years or a fine of up to $5,000 for a first offense.
A first time can end without a conviction. A person never before convicted of a drug offense who is found guilty of simple possession may, with their consent, be placed on probation without a judgment of guilt. On completing it, the proceedings are dismissed; that is not a conviction. It may happen only once, and afterward the person may apply to have the records expunged.
A person charged with possessing marijuana or hashish under the one ounce rule may be permitted to enter pretrial intervention. Distribution, trafficking and the amounts that trigger them have their own subsections. Federal law applies alongside. A particular charge is a question for a licensed South Carolina attorney.
Sources for this section (2)
- S.C. Code 44-53-370 — Prohibited acts A; penalties
- S.C. Code 44-53-450 — Conditional discharge; eligibility for expungement
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.