How much marijuana is required for criminal possession?

In South Carolina all marijuana possession charges are criminal in nature. The most common offense is called Simple Possession of Marijuana and may be listed as SMPJ on your ticket or arrest warrant. Marijuana charges are criminal even if the police just wrote you a ticket and did not take you to jail. If you plead guilty or are found guilty by the Court you may receive up to 30 days in jail.

Often times people are charged when only a small amount of marijuana is found. This may be a few burned remints in an ashtray or the residue in a pipe. In some states there are limits on the amount of marijuana the police have to find in order to be criminally charged, however in South Carolina the only requirement is that it be enough marijuana to be tested.

Although the small amount of marijuana may not be a legal defense in South Carolina there are always possible issues in any drug case involving a situation where the police either searched a person, home or automobile or questioned someone in custody.

A police search or pat-down detailed enough to find a small amount of marijuana is in almost all cases required to be either by the consent of the person to be searched or with enough probable cause to obtain a search warrant. If the police wrongfully search someone then the marijuana should be suppressed and all criminal charges dismissed.

If you are facing a marijuana or other drug charge in South Carolina contact criminal defense attorney James Snell at 1-888-301-6004.

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