Marijuana possession in South Carolina is charged differently depending on the amount involved, and the line between a simple possession charge and a felony trafficking charge can come down to a few ounces. Under an ounce is typically treated as simple possession, while ten pounds or more can trigger a trafficking charge with a mandatory minimum time. The Greg McCollum Complete Legal Defense Team represents clients across these charges in the Myrtle Beach area.
Simple Possession vs. Possession With Intent to Distribute
In South Carolina, a person found with less than one ounce of marijuana is generally charged with simple possession, even though marijuana remains illegal under state law despite legalization in many other states. Once the amount exceeds one ounce, law enforcement in this jurisdiction will often charge possession with intent to distribute (PWID) instead, even without direct evidence of a sale.
PWID is a felony-level offense in South Carolina and can carry up to five years in jail. The distinction between simple possession and PWID often comes down to weight alone, which means a relatively small increase in the amount found can change a misdemeanor into a felony charge.
Watch Greg McCollum explain this in detail
Trafficking Thresholds: 10 to 100 Pounds
South Carolina’s trafficking statute for marijuana begins at ten pounds. A person found with between ten and one hundred pounds of marijuana can be charged with trafficking, which carries more severe penalties than a PWID charge. These cases are prosecuted differently from possession cases and may involve mandatory minimum sentences.
Higher-Level Trafficking: Over 100 Pounds
When the amount involved exceeds one hundred pounds, South Carolina law treats the case as a higher level of trafficking, with penalties that increase along with the weight. These cases are among the most serious drug charges handled in state courts and typically involve more aggressive prosecution.
How Marijuana Plants Are Weighed in SC Trafficking Cases
Marijuana cultivation cases are treated differently than cases involving harvested product, and the difference can catch people off guard. South Carolina law allows prosecutors to charge based on plant count rather than actual weight. In cases handled in this jurisdiction, a person found with more than one hundred plants may be charged as if they possessed one hundred to one thousand pounds of marijuana, even if the plants were small and the actual total weight was only a few ounces.
This plant-count equivalency can result in a low-weight cultivation case being charged at the same level as a large-scale trafficking case involving harvested marijuana, which is why the details of how a case is charged matter as much as the actual amount seized.
Frequently Asked Questions
How much marijuana is considered simple possession in South Carolina? Generally, less than one ounce is charged as simple possession in South Carolina, though local law enforcement practices can vary.
What is the penalty for possession with intent to distribute marijuana in SC? Possession with intent to distribute is a felony in South Carolina and can carry up to five years in jail.
At what amount does a marijuana charge become trafficking in South Carolina? Trafficking charges can begin at ten pounds of marijuana under South Carolina law, with higher-level trafficking charges applying above one hundred pounds.
Can someone be charged with trafficking for growing a small number of marijuana plants? Yes. In cases involving more than one hundred plants, South Carolina prosecutors may charge the case as if it involved one hundred to one thousand pounds of marijuana, regardless of the actual weight of the plants.
Is marijuana legal in South Carolina? No. Marijuana remains illegal under South Carolina law, even though it has been legalized in many other states.
Marijuana trafficking and distribution charges in South Carolina can carry serious felony penalties, and the way a case is charged often depends on technical weight and plant-count rules that are not always obvious to someone facing an arrest. Greg McCollum brings close to 30 years of experience and a background as a former prosecutor to these cases, which can provide insight into how South Carolina prosecutors typically approach drug charges in this jurisdiction.
If you have questions about marijuana trafficking thresholds, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
