William G. Yarborough

Laws for South Carolina marijuana possession

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As South Carolina moves closer to the potential legalization of medical marijuana, residents may question if penalties for possessing recreational marijuana may be more lenient. Recreational marijuana has been legalized in nine states and medical marijuana has been legalized in 30 states. Laws surrounding marijuana use are changing faster in some parts of the country and slower in others.

Here are the current penalties for possessing the corresponding amounts of marijuana in South Carolina:

One ounce or less

In South Carolina, you will receive misdemeanor charges if you are in possession of marijuana. Depending on how many violations you have made, you may face jail time and/or be charged a fine.

  • First offense — up to 30 days of jail time and a maximum fine of $200
  • Subsequent offense — up to one year of jail time and a maximum fine of $2,000

More than one ounce

If you are in possession of more than one ounce, but less than 10 pounds of marijuana, you will likely face felony sale or trafficking charges, even if the marijuana was for recreational use. This could result in up to five years of jail time and a maximum fine of $5,000.

For cases involving possession of any amount between 10 and 100 pounds of marijuana, defendants may face anywhere from one to 25 years of jail time and pay maximum fines between $10,000 and $25,000, depending on the number of offenses the defendant has had.

If you are facing charges for marijuana possession, contact an experienced criminal defense attorney for help. Especially in the changing political climate, a South Carolina lawyer may be able to improve your outcome in court.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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