Possession of Marijuana

As a South Carolina Marijuana Charge attorney James Snell represents those who are charged with Simple Possession of Marijuana. This is a criminal offense in South Carolina. First time offenders charged with up to one ounce are prosecuted in the Magistrate or Municipal Court. Second and subsequent offenders are prosecuted in General Sessions. Although most individuals charged with marijuana possession are arrested and taken to jail, at the officer's discretion you can be given a traffic ticket and asked to appear in Court. Whether or not you were taken to jail all marijuana charges are criminal in nature and can result in severe penalties.

If you are convicted of Marijuana Possession in South Carolina you will face the following penalties:

Mandatory Driver's License Suspension
Risk of a Court ordered fine
Risk of a jail or prison sentence
Permanent Criminal Record
Loss of College Scholarship Opportunities

The judge will have no discretion or authority regarding the creation of a criminal record, license suspension or how the conviction may impact your ability to obtain a college scholarship.

Under South Carolina law in order to be convicted the State must prove that you were in either actual or constructive possession of marijuana. There is no minimum amount of marijuana that must be present to be criminally convicted. If it is enough to be tested it is enough to be charged.

We regularly represent clients charged with marijuana possession. Our clients include professionals, working adults, students, out of town motorists (usually arrested or ticketed on the Interstate) and anyone else wishing to avoid a criminal conviction.

Marijuana Charge Defenses

Like any other drug offense there may be legal or factual defenses available in your case. Topics to be explored include:

Legal justification to pull a vehicle over
Whether a search warrant was required
Proper Miranda advisements
Ownership and control of the marijuana
Evidence chain of custody
Police drug lab procedures

All defendants charged with marijuana possession are entitled to fully contest and challenge their arrests in Court.

PTI for Marijuana

Every county in South Carolina operates a pre-trial intervention (PTI) office. PTI is a diversion program designed for first time non-violent offenders. PTI is not a sentence, instead defendants are referred into the program upon the agreement of the police and the Court.

To complete PTI for a Marijuana charge a defendant will have to complete 30-50 hours of community service, counseling, pass at least two drug tests and prepare a two to three page report. Generally it takes 6-9 months to enroll and complete all of the program's requirements.

Once PTI is complete the simple possession of marijuana charge will be dismissed and the defendant's arrest record will be expunged.

Conditional Discharge for Marijuana

Conditional Discharge is a special program for individuals charged with simple possession of marijuana and certain other drug offenses. Upon completion of the program the charge will be dismissed and the arrest record expunged.

To complete a conditional discharge program a defendant must follow all instructions of the Court. The program is directly supervised by the Court. Typical requirements are random drug testing, community service, and drug counseling. The typical length of time to complete the program is three to six months.

Want help with your case?

Whether it is contesting your case in Court, or pursuing PTI or a conditional discharge we are available to discuss all of the available options in your case. To get assistance for any marijuana or other South Carolina drug charge please contact The Law Office of James R. Snell, Jr., LLC. You may contact our office at (803) 359-3301 or 24 hour a day call center at 1-866-252-5789.