South Carolina Marijuana Possession Penalties (2026)

Possession of marijuana / cannabis charges in South Carolina: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing marijuana possession charges in South Carolina, consult a licensed South Carolina criminal defense attorney.

South Carolina Marijuana Possession Penalties

AmountPenalty
Small AmountMisdemeanor: up to 30 days, $200 fine (first offense, 1 oz or less)
Large AmountFelony for larger amounts or repeat

South Carolina has no medical marijuana program

Marijuana Possession Statute of Limitations in South Carolina

In South Carolina, the statute of limitations for felony drug charges is generally None (no general SOL for felonies). Misdemeanor drug offenses carry a 2 years limit.

See all South Carolina statutes of limitations →

Defending Against Marijuana Possession Charges in South Carolina

Common defenses in South Carolina marijuana possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Carolina criminal defense attorney for advice.

Related South Carolina Laws