How Much Weed is a Felony in SC?
In South Carolina, the possession of marijuana is considered a criminal offense, and the severity of the charges depends on the amount of marijuana found in possession. In this article, we will explore the laws surrounding marijuana possession in South Carolina and answer the question: How much weed is a felony in SC?
The Laws of Marijuana Possession in South Carolina
South Carolina’s laws regarding marijuana possession are outlined in the South Carolina Code of Laws, specifically in Title 44, Chapter 53. According to Section 44-53-390, possession of marijuana is a misdemeanor offense unless the amount possessed is 28.35 grams or more.
Misdemeanor Possession
If an individual is found to possess less than 28.35 grams of marijuana, they will be charged with a misdemeanor offense. The penalties for misdemeanor possession of marijuana in South Carolina include:
- Fine: Up to $200
- Imprisonment: Up to 30 days
- Community Service: Up to 30 days
Felony Possession
If an individual is found to possess 28.35 grams or more of marijuana, they will be charged with a felony offense. The penalties for felony possession of marijuana in South Carolina include:
- Fine: Up to $10,000
- Imprisonment: 3-5 years
- Community Service: Up to 1 year
Drug-Free School Zones
In addition to the standard penalties for possession of marijuana, there are also Drug-Free School Zones in South Carolina. These zones are established around schools, daycares, and other youth-oriented facilities. If an individual is found to possess marijuana within 1,000 feet of one of these zones, they will face enhanced penalties, including:
- Fine: Up to $10,000
- Imprisonment: 5-10 years
Other Considerations
There are several other factors that can affect the penalties for marijuana possession in South Carolina, including:
- Prior Offenses: If an individual has a prior conviction for marijuana possession or another drug-related offense, they may face more severe penalties.
- Distribution: If an individual is found to be distributing or selling marijuana, they will face more severe penalties than those who are found to be simply possessing the drug.
- School Zones: As mentioned earlier, possessing marijuana within 1,000 feet of a school or daycare can result in enhanced penalties.
Table: Marijuana Possession Penalties in South Carolina
| Amount of Marijuana | Misdemeanor Penalty | Felony Penalty |
|---|---|---|
| Less than 28.35 grams | Up to $200 fine, 30 days imprisonment, 30 days community service | N/A |
| 28.35 grams or more | N/A | Up to $10,000 fine, 3-5 years imprisonment, 1 year community service |
| Within 1,000 feet of a school or daycare | N/A | Up to $10,000 fine, 5-10 years imprisonment |
Conclusion
In conclusion, the amount of marijuana that constitutes a felony in South Carolina is 28.35 grams or more. Possession of less than 28.35 grams is considered a misdemeanor offense, while possession of 28.35 grams or more is considered a felony offense. Additionally, possessing marijuana within 1,000 feet of a school or daycare can result in enhanced penalties. It is important to note that the laws surrounding marijuana possession in South Carolina are subject to change, and it is always best to consult with a legal professional for the most up-to-date information.
