Paraphernalia
S.C. Code 44-53-391 — a civil fine of up to $500 that carries no criminal disability
A civil fine. Advertising for sale, making, possessing, selling or delivering paraphernalia, or possessing it with intent to sell or deliver, is unlawful. A person found guilty is subject to a civil fine of up to $500, or $50,000 for a corporation, and the fine does not give rise to any disability or legal disadvantage based on a criminal conviction.
- Statements by an owner or anyone in control of the object about its use.
- How close the object was to controlled substances, and any residue on it.
- Evidence of intent to deliver it to people known to intend to use it to break the law.
- Instructions, descriptive materials and advertising about its use, and how it is displayed for sale.
- Whether the owner is a legitimate supplier of like items, such as a licensed tobacco dealer, and the share of the business's sales it makes up.
- Legitimate uses for the object in the community, and expert testimony.
Those are among the factors a court considers, along with any other logically relevant ones, in deciding whether an object is paraphernalia.
Possessing paraphernalia is among the offenses a person who calls for help with an overdose is shielded from, on the conditions that page sets out. What the object held is charged under the drug sections. Whether a particular object is paraphernalia is a question for a licensed South Carolina attorney.
Sources for this section (1)
- S.C. Code 44-53-391 — Paraphernalia
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.