Use of Marijuana in SC

Medical marijuana usa (Photo credit: Wikipedia)

Although marijuana use is still illegal in South Carolina, multiple stores along the Grand Strand carry marijuana substitutes that are supposed to produce the same effects as marijuana.  Many users of marijuana or marijuana substitutes use it to experience a particular feeling, referred often to as a “high.” But much like other drugs or substances, the use of marijuana or marijuana substitutes can carry harmful side effects. The harmful health effects have been reported to be similar for both marijuana and synthetic marijuana substitutes and they may include nausea, delusions and headaches.

While some people choose to purchase legal substitutes for marijuana, others still purchase and use marijuana. While some states are leaning toward legalizing marijuana, it doesn’t seem to be the case here in South Carolina. Increasingly so, the legal penalties are becoming similar for the possession/use of marijuana and synthetic marijuana substitutes.  For instance, just recently, the South Carolina legislature made the purchase and/or use of the marijuana substitute, K2 and bath salts illegal in Columbia, South Carolina.

The criminal penalties will vary based upon the amount of marijuana you are in possession of. The following penalties show the differentiation the law makes between possessing a small amount versus a large amount of marijuana. For simple possession of marijuana, (no more than 28 grams), or hashish, (no more than 10 grams), the penalty carries jail time of up to 30 days or a fine ranging between $100 and $200. A second or subsequent offense carries up to 1 year in jail and a fine of up to $1000. If you are charged with carrying more than 28 grams of marijuana or more than 10 grams of hasish the penalties can reach up to 15 years of jail and/or up to $25,000.  If you are facing a subsequent charge for possession of more than 28 grams or more than 10 grams of hasish the penalties can include jail time of up to 30 years and up to $50,000.

While there are many local smoke shops along the Grand Strand and there was a big event just recently for 04/20, the use and/or possession of marijuana is still illegal in the state of South Carolina. If you or someone you know is facing charges for your involvement with marijuana, contact your local attorney Daniel Selwa.

Spring Break - Myrtle Beach

As it always does in Myrtle Beach, the month of March starts the madness of the tourist season and the festivities scheduled throughout the Grand Strand. Many college students are on Spring Break and choose Myrtle Beach to party. Many will come here and forget that despite popular belief, law and order does exist.  This is also the time of year that police officers get overburdened with the same old activity they see every year. This often leads to burn out and fatigue, especially with youthful rebellion. It is not uncommon for a police officer to see one offending party committing a crime and just arrest everyone around to let them sort it out. While this does not happen all the time, make no mistake about the fact that it does happen. A common charge that some will catch on spring break is a simple possession of marijuana or other possession of drug charge. Sometimes one person will have it in the group and some may know, some may not, but the police officer will be hearing the same story from all. This means that obviously even the innocent go to jail. So, if you are in Myrtle Beach on Spring Break, please remember the following:

Recent changes have lead to the legalization of marijuana at the state level in Washington and Colorado, not Myrtle Beach. Some states allow the use of marijuana but only for medical reasons and one of these states is California. Contrary to the United States, many countries around the world allow the use of marijuana for any reason at all, although the amount of marijuana may be regulated. Here, in South Carolina, the use of marijuana is strictly regulated, meaning the use or possession of marijuana is not legal, no matter the purpose. Fortunately, if you are being charged with possession of marijuana, the law recognizes a difference between possessing a small amount versus possessing a large amount.  

The following penalties show the differentiation the law makes between possessing a small amount versus a large amount of marijuana. For simple possession of marijuana, (no more than 28 grams), or hashish, (no more than 10 grams), the penalty carries jail time of up to 30 days or a fine ranging between $100 and $200. A second or subsequent offense carries up to 1 year in jail and a fine of up to $1000. If you are charged with carrying more than 28 grams of marijuana or more than 10 grams of hasish the penalties can reach up to 15 years of jail and/or up to $25,000.  If you are facing a subsequent charge for possession of more than 28 grams or more than 10 grams of hasish the penalties can include jail time of up to 30 years and up to $50,000.

Simple possession is a misdemeanor offense and although the penalties may be less severe than felony marijuana charges, the misdemeanor charge will still be a part of your criminal record. A competent attorney may be able to get the misdemeanor charge dropped against you completely, which could be the difference between getting and not getting a job. Also, you may think the fines are relatively low, but the cost of the fines will likely double because of court costs.  The consequences of the lesser offense are still significant so it is in your best interests to contact an attorney immediately upon being charged with possession of marijuana. Criminal defense attorney Daniel Selwa can help you explore your options. Contact him today to discuss your case.

Caught with marijuana? Legal Punishment

Want an example of what not to do? Check out this recent WMBF article that details the arrest of two men: here. What started out as a routine traffic stop turned into an arrest when 50 pounds of marijuana were found in the vehicle. These men are likely facing charges of possession of marijuana with intent to distribute.

More common, is the criminal misdemeanor of simple possession of marijuana. Simple possession generally means you are in the unlawful possession of no more than 28 grams of marijuana. As opposed to the crime of possession of marijuana with intent to distribute, simple possession is presumed to be for your own personal use. For a first time offense, the penalties may include 30 days in jail, a fine, and/or suspension of one’s driver’s license. A second offense carries up to one year in prison. These penalties are provided for in statute but what you may not know is that simple possession charges can carry other penalties as well such as loss of state and federal benefits and student loans. For more information previously reported on simple possession, check out this earlier blog entry: here.

You yourself might be facing criminal charges due to your possession of marijuana or perhaps just because of your presence at the scene when the marijuana was found. Either way, you need an experienced criminal law attorney to help you fight these charges. There are several ways to fight these charges and Daniel Selwa can help you choose the best avenue to take in defending your case. 

Facing Marijuana Charges in Myrtle Beach?

Marijuana is the most frequently used illegal drug in the United States. Recently two States legalized the use of Marijuana for recreational use, Washington and Colorado.  However, South Carolina is not on that bandwagon yet. It is estimated that over 83 million people have tried marijuana at least once. There’s a first time for everything and some of your firsts are held closely to your heart while others turn into regret. Imagine if you were caught your first time smoking marijuana. Some of you may have experienced this unfortunate result. This may be one of those firsts you wish you could forget. The good news is the law bends a little bit for first time offenses involving the use of marijuana in South Carolina if you have been a law abiding citizen up until that point.

Marijuana (Photo credit: warrantedarrest)

If you were using marijuana for personal use and had no intent to distribute it, then you are probably looking at facing simple possession charges. In Myrtle Beach, Simple Possession of Marijuana arrests are on the rise.  You may have been arrested for this crime, but it is not the end of the world.  For certain individuals there are diversionary programs and as a last resort, one should enter these programs, however there are defenses available that a trained attorney, like Daniel A. Selwa, II, can help you put forth.  Convicting a person caught with any drug requires a drug analysis of that drug to determine if in fact the drug is an illegal substance.  Officers/prosecutors must also show that you had possession of that Marijuana. Sometimes, these two elements can become problematic to the officer/prosecutor and this can ultimately lead to your exonneration. For a more indepth look at what to expect with a Marijuana charge, check out Daniel Selwa's previous blog post. 

SC LAW BLOG: Simple Possession of Marijuana - A Look at What to Expect

Some people use marijuana once, while others habitually use marijuana. Whatever the case may be, if you are arrested in Myrtle Beach, Surfside Beach, Murrels Inlet, Conway, North Myrtle Beach or any other surrounding area, you need competent representation. Daniel Selwa is an experienced criminal defense attorney and can help you with your Marijuana charge.

Facing Marijuana Charges?

Marijuana has become a hot topic in the last couple of years.  A number of jurisdictions throughout the country have been trying to legalize it for medicinal purposes.  However, in South Carolina, Marijuana is still very illegal.  Under South Carolina law §44-53-370(c) and (d)(4):

(c) It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article.

(d) A person who violates subsection (c) with respect to:  

(4) Possession of more than:...A person who violates this subsection with respect to twenty-eight (28) grams or one (1) ounce or less of marijuana or ten (10) grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than 30 days or fined not less than $100 nor more than $200. 

Marijuana is a controlled substance and categorized as a Schedule I drug.  Schedule I drugs are substances that the Department of Health and Environmental Control have deemed to be (A) A high potential for abuse; (B) No accepted medicinal use in treament in the United States; and (C) A lack of accepted safety for use in treatment under medical supervision.

If one is arrested for Possession of Marijuana, the State has the burden to convict that person beyond a reasonable doubt.  The State must also prove every element of the crime.  With the charge of Possession of Marijuana, as described above, the State must prove that the person arrested knowingly and intentionally possessed, that the Defendant actually had possession, that the substance was in fact a controlled substance as defined by South Carolina Statutory Code, and finally that the substance was not obtained by a valid prescription or order of a pracitioner in the course of his professional practice.  While this may seem like an easy task for any officer or solicitor/prosecutor, a skilled defense attorney can contest each element and ultimately exonnerate one from being branded with this criminal charge for the rest of their life.

An arrest does not equal a conviction and despite what an officer will tell you, you do have some defenses available to fight a Possession of Marijuana charge.  Contact an experienced criminal defense lawyer.  Contact Daniel Selwa to fight for you.

Simple Possession of Marijuana - A Look at What to Expect

In South Carolina, Marijuana is illegal.  We do not subscribe to its medicinal use nor do I foresee any changes in that stance for some time to come.  Nevertheless, its use is rampant throughout this state as well as nationally as the debate over legalization heats up.

Often times, I am contacted by an out-of-state parent who has a child who was arrested for simple possession of marijuana in South Carolina, more specifically in Myrtle Beach.  The following is a run down on what the potential penalties are for Simple Possession of Marijuana, possible outcomes and the reasons you may want to hire an attorney.

Simple Possession of Marijuana less than 28 grams or 10 grams of Hashish
-Magistrate Court
-Misdemeanor
-1 month or fine of not less than $100 nor more than $200
(possible loss of active scholarships or the ability to obtain a scholarship)

Simple possession charges are simple possession because this means that there are no other drug charges on that person's record.  Simple possession charges usually only apply to a first offense.  There are times when the officer will charge a suspect with this and later upgrade it because he or she checks the records and finds that there is an existing drug charge on the defendant's record.

Conditional discharges are the most commonly offered diversionary type program for defendants that have been charged with a Simple Possession of Marijuana.  A conditional discharge is commonly granted with a requirement that the defendant complete 30 hours of community service through a nonprofit 501(c)3 organization.  This is the most common requirement, but technically a defendant will be on probation and subject to the terms and conditions of that probation, which could require that the defendant enter into a treatment program.

With the conditional discharge, the defendant will be required to plead guilty.  That guilty plea will not be entered into the record unless the defendant fails to fulfill the requirements of the probation.  Once the defendant completes the terms of the probation (conditional discharge) the defendant will be discharged and the charges dismissed.  This will allow the defendant to later expunge these charges from their record.  I will cover expungements in a separate blog.

Why do I need an attorney for this you may ask?  Well, there are several reasons and there are several reasons why one could accomplish this on his or her own.  An attorney could review the evidence against the defendant.  It may be a situation where the officer did not follow the law and thereby requires the charges to be dismissed.  Obviously, if this be the case, the defendant would not have to plead guilty or enter a conditional discharge program.  A lay person would not pick up on this.  There are situations where the officer and/or judge may not issue the standard 30 days of community service or may not wish to offer this at all.  An attorney could negotiate to accomplish having this offered and offered with an acceptable probation term.  There are many pitfalls to representing oneself.  As the old saying goes, a person representing themselves has a fool for a client.  That being said, if one feels that he or she could take this charge and will suffer no repercussions for it but feel they don't have the money to pay the fine, then probably that person could represent themselves.  However, I always recommend hiring an attorney.  The cost far outweighs the chance that something could go wrong and affect you for the rest of your life.

If you or someone you know has been charged with simple possession of marijuana, tell them to contact Daniel A. Selwa, II immediately and I will provide them with the help they need.