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south carolina marijuana laws 2020

South Carolina Marijuana Laws

Created byВ FindLaw’s team of legal writers and editors | Last updated October 27, 2020

Many states across the country have taken steps to legalize medicinal and recreational marijuana use. And while the Palmetto State has permitted the use of certain derivatives of marijuana for patients with seizure disorders, the law and its enforcement remain murky. Here are the basics of South Carolina’s marijuana laws as they currently stand.

Marijuana Laws in South Carolina

As noted above, state laws regarding marijuana can vary. Some states allow recreational use, while others only permit medicinal use, while a few others prohibit marijuana use entirely. The chart below highlights some of South Carolina’s marijuana laws.

Code Section

Misdemeanor:В Under 1 oz.: 30 days and/or $100 to $200

Over 1 oz.: Prima facie guilty of sale

Subsequent offense under 1 oz.: 1 yr. and/or $200 to $1000

Felony: up to 5 yrs. and/or up to $5,000

Second offense: felony, up to 10 yrs. and/or up to $10,000

Third offense: felony, 5-20 yrs. and/or up to $20,000

Sale to minor: felony, up to 10 yrs. and up to $10,000

Trafficking

10-99 lbs.: 1-5 yrs. and up to $10,000; 2nd offense: 5-20 yrs and up to $15,000; Third offense: mandatory 25 yrs. and $25,000;

100-1,999 lbs. or 100-1000 plants: mandatory 25 yrs. and $25,000;

2000-9,999 lbs. or 1000-10,000 plants: mandatory 25 yrs. and $50,000;

Over 10,000 lbs. or over 10,000 plants: 25-30 yrs. and $200,000

South Carolina’s statutes are generally more restrictive than other state marijuana laws. In addition, possession of even small amounts of marijuana remains illegal under federal law according to the Controlled Substance Act. Even if South Carolina were to legalize marijuana, federal law always supersedes state law, and the federal government hasn’t given up on enforcing restrictions on interstate cases of pot possession, manufacturing and cultivation, and trafficking and distribution. To date, South Carolina has no plans to legalize marijuana, and even an extended medicinal marijuana bill failed to make it to a hearing.

Related Resources for South Carolina Marijuana Laws:

Although there is no major change in the works currently, state marijuana laws can evolve along with social attitudes regarding drugs. For more articles and information on this topic, you can visit FindLaw’s drug charges section. Finally, if you or someone you know may have a drug or substance abuse problem, South Carolina’s Department of Alcohol and Other Drug Abuse has online, phone, and in-person resources that can help.

Facing Marijuana Charges in South Carolina? An Attorney Can Help

Marijuana possession, trafficking, and cultivation are all still illegal in South Carolina. But the laws are changing across the country every year. If you or someone you love is charged with a marijuana-related crime, you should speak with a South Carolina drug crimes attorney to learn about your options.В

Chart providing details of South Carolina Marijuana Laws

North Carolina Marijuana Laws

Updated September 2019

Despite recent efforts to improve marijuana policy in North Carolina, the state’s cannabis laws are among the most restrictive in the nation. Learn more about North Carolina marijuana laws below.

Recreational Marijuana in North Carolina

Prior to the waves of legalization and decriminalization in the United States over the last several years, North Carolina was one of the more lenient states when it came to penalties for marijuana possession.

Possession of 0.5 ounces or less of marijuana is a Class 3 misdemeanor and punishable by a maximum fine of $200. Possession of 0.5 to 1.5 ounces is a Class 1 misdemeanor offense punishable by up to 45 days in jail and a fine of up to $1,000. Possession of more than 1.5 ounces is a Class 1 felony offense, punishable by 3 to 8 months imprisonment and a discretionary fine.

Crimes involving the sale, delivery, the intent to distribute, or cultivation are also felonies.

Medical Marijuana in North Carolina

There is currently no comprehensive medical marijuana policy in North Carolina.

North Carolina did sign a low-THC medical cannabis bill, House Bill 1220, into law on July 3, 2014. Like most other restrictive medical cannabis laws, it gives only intractable epilepsy patients access to the extracts. The bill further states that cannabis oil must contain less than 0.9% tetrahydrocannabinol (THC). The bill does not contain any provisions to produce or distribute cannabis oil within the state.

The state legislature has introduced multiple medical marijuana bills, none have gained significant traction or been signed into law. The most recent medical marijuana bill in North Carolina, House Bill 401, was introduced in March 2019, but it has yet to make it through committee.

CBD from Hemp Oil in North Carolina

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in North Carolina

Cultivating cannabis for personal or medical purposes is illegal in North Carolina. The state prosecutes cannabis cultivation as a felony, with even cultivation of small amounts leading to as much as 8 months in prison and a $1,000 fine.

On October 30, 2015, a bill legalizing industrial hemp cultivation became law despite not receiving the signature of Governor Pat McCroy. Under Senate Bill 313, a new industrial hemp commission will manage the commercial growers and researchers of the statewide program.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

Sources

  • http://norml.org/laws/item/north-carolina-penalties-2
  • http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
  • https://www.mpp.org/states/north-carolina/
  • https://mountainx.com/blogwire/gov-mccrory-allows-industrial-hemp-and-board-of-governors-legislation-to-become-law-without-his-signature/

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With more states legalizing the use of marijuana it can be hard to stay up to date on North Carolina marijuana laws. Click to learn more about marijuana laws in NC!