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.

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. 

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.