Marijuana trafficking charges are some of the most serious drug charges in South Carolina. In South Carolina, a person can be charged with trafficking in marijuana for knowingly being in actual or constructive possession of 10 pounds or more of marijuana, or for knowingly selling, delivering, manufacturing, cultivating, purchasing, or bringing that amount into the State (S.C. Code Ann. § 44-53-370(e)(1)). The penalties depend on the amount involved and on prior offenses, and they include mandatory prison terms.
The consequences of a trafficking conviction can be severe, so it is important to understand the penalties before entering into any plea negotiations. This page is general information, not legal advice, and a licensed South Carolina attorney at the firm must review the facts of a case before anyone relies on it.
For 10 pounds to less than 100 pounds, a first offense carries 1 to 10 years in prison and a $10,000 fine. For 100 pounds or more, or 100 or more plants, the statute provides for a mandatory 25-year term. The full list of tiers is below.
In addition to the criminal penalties, a conviction for marijuana trafficking can have lasting effects. An arrest or conviction may show up on background checks performed by potential employers, landlords, and other entities, and it can make it harder to obtain certain professional licenses or get approved for loans.
Contact Touma Law Group today at 864-618-2323 and speak with our drug trafficking lawyers for more information.
What is Trafficking Marijuana in South Carolina?
South Carolina defines trafficking in marijuana by weight. A person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into the State 10 pounds or more of marijuana, or who is knowingly in actual or constructive possession of that amount, or who aids, abets, attempts, or conspires to do any of those things, is guilty of a felony known as “trafficking in marijuana” (S.C. Code Ann. § 44-53-370(e)(1)).
South Carolina also treats the sale, delivery, or cultivation of smaller amounts as crimes, but those are charged as distribution or possession with intent to distribute, not trafficking. A first offense for distributing marijuana is a felony punishable by up to 5 years in prison and a fine of up to $5,000, or both. A second offense carries up to 10 years and $10,000, and a third or later offense carries 5 to 20 years and up to $20,000 (S.C. Code Ann. § 44-53-370(b)(2)).
The penalty statutes for marijuana list prison and fines. They do not provide for a driver’s license suspension. The former state statute that suspended a license after a drug conviction, S.C. Code Ann. § 56-1-745, was repealed by 2011 Act No. 13 (editor’s note, S.C. Code Ann. Title 56, Chapter 1). If you hold a commercial driver’s license, a felony involving the manufacture, distribution, or dispensing of a controlled substance with a commercial motor vehicle carries a lifetime disqualification (S.C. Code Ann. § 56-1-2110(E)). Ask the South Carolina Department of Motor Vehicles or a lawyer whether any license consequence applies to your situation.
Must Read: How to get drug trafficking charges dismissed in South Carolina?
Even if you are not caught with marijuana on your person, you may still be charged with constructive possession if the State believes you had control over it. The State must prove that you had the right and power to control the marijuana and that you knew about it and intended to control it (State v. Stewart, Opinion No. 28029 (S.C. 2021)).
What Are the Requirements For a Trafficking Charge in South Carolina?
Under state law, marijuana is a Schedule I controlled substance (S.C. Code Ann. § 44-53-190). To be convicted of trafficking in marijuana, the State must prove these elements:
• The accused knowingly sold, manufactured, cultivated, delivered, purchased, or brought marijuana into the State, or knowingly had actual or constructive possession of it, or aided, abetted, attempted, or conspired to do so; and
• The amount of marijuana involved was 10 pounds or more, or the number of plants reached the statutory threshold.
The statute does not require that the person intended to sell the marijuana. The weight includes the substance in pure form or any compound or mixture of it (S.C. Code Ann. § 44-53-370(e)).
Required Thresholds and Penalties for Trafficking Marijuana in SC
Trafficking marijuana in South Carolina is a felony. The statute sets these penalties, and for every tier no part of the sentence may be suspended and probation may not be granted (S.C. Code Ann. § 44-53-370(e)(1)):
- 10 pounds to less than 100 pounds, first offense: 1 to 10 years in prison and a $10,000 fine.
- 10 pounds to less than 100 pounds, second offense: 5 to 20 years and a $15,000 fine.
- 10 pounds to less than 100 pounds, third or later offense: a mandatory 25 years and a $25,000 fine.
- 100 pounds to less than 2,000 pounds, or 100 to 1,000 plants: a mandatory 25 years and a $25,000 fine.
- 2,000 pounds to less than 10,000 pounds, or more than 1,000 but fewer than 10,000 plants: a mandatory 25 years and a $50,000 fine.
- 10,000 pounds or more, or 10,000 or more plants: 25 to 30 years, with a mandatory minimum of 25 years, and a $200,000 fine.
A person sentenced to a mandatory 25-year term is not eligible for parole, extended work release, or supervised furlough. A trafficking conviction also counts as a prior offense in later drug cases (S.C. Code Ann. § 44-53-470).
Differences Between Trafficking Charges and Possession Charges in South Carolina?
There are distinct differences between marijuana trafficking charges and possession charges in South Carolina. Simple possession of marijuana of 28 grams (one ounce) or less is a misdemeanor. A first offense carries up to 30 days in jail or a fine of $100 to $200. A second or later offense carries up to one year or a fine of $200 to $1,000, or both (S.C. Code Ann. § 44-53-370(d)(5)).
Possessing more than one ounce of marijuana, or more than 10 grams of hashish, is prima facie evidence of a violation of the distribution statute (S.C. Code Ann. § 44-53-370(d)(5)). That is not an automatic conviction, and the defense can challenge it. A distribution or possession with intent to distribute conviction carries the penalties described above, up to 5 years and $5,000 on a first offense.
Trafficking is much more serious than possession. It is a felony, and the lowest tier (10 pounds to less than 100 pounds) carries a prison term of 1 to 10 years on a first offense that cannot be suspended.
When does drug trafficking become a federal charge?
Drug trafficking offenses become federal drug trafficking charges when the conduct violates the federal Controlled Substances Act. The federal statute sets penalties by drug type and quantity (21 U.S.C. § 841(b)). Federal charges can also bring asset forfeiture. State and federal law are separate, and the same conduct can be charged under either.
Call Touma Law Group Today!
If you or someone you know is facing marijuana trafficking allegations in South Carolina, contact a drug crime defense attorney as soon as possible. Touma Law Group is a criminal defense firm that defends people charged with drug offenses. Our drug crime attorneys can review the evidence, explain the charges, and discuss your options. No lawyer can promise a particular outcome.
Contact Touma Law Group today for a free consultation.
