If you’ve been arrested for simple possession of marijuana (SPMJ) in South Carolina, you might assume it’s no big deal—especially as more states move to legalize or decriminalize marijuana. But here’s the truth: in South Carolina, simple possession is still a criminal offense, and a conviction can have lasting consequences.
The Law: What You’re Facing
Under S.C. Code Ann. § 44-53-370(c), possession of 28 grams (1 ounce) or less of marijuana is considered simple possession. For a first offense, it’s a misdemeanor, and the penalties include:
Up to 30 days in jail
A fine of over $600 (exact amount depends on court and current assesments)
Or both jail time and a fine
A second offense carries steeper penalties—including up to one year in jail and a higher fine.
Even if jail time is unlikely for a first-time offender, a conviction creates a permanent criminal record unless the charge is dismissed or expunged.
It’s Not Just About Jail Time
A conviction for simple marijuana possession shows up on your SLED criminal background check, which can be viewed by:
Employers
Colleges and scholarship boards
Housing authorities
Licensing boards
It can also have immigration consequences for non-citizens. Even though South Carolina stopped suspending driver’s licenses for SPMJ offenses after April 12, 2011, the ripple effects of a conviction remain serious.
You May Have Options to Keep Your Record Clean
If this is your first offense, you may qualify for one of several programs or defenses to avoid a conviction:
1. Pre-Trial Intervention (PTI)
PTI allows eligible first-time offenders to complete community service, counseling, and other requirements. After successful completion, the charge is dismissed and expunged. While PTI can be a great option for some situations, it isn't necessarily the best choice for everyone and is not always automatically offered. We help our clients determine if PTI would be the best choice for them, and if so we help make that option available for them.
2. Conditional Discharge
This is a special type of plea deal available in some marijuana possession cases. The court agrees to withhold entering a conviction while you complete certain conditions—usually remaining arrest-free and passing regular drug tests for a set period of time. Once completed, the charge is dismissed and can be expunged.
These options can make a huge difference in protecting your future—but you need to act quickly and consult with an attorney to pursue them effectively.
Can the Charges Be Challenged?
Absolutely. Some cases can be won outright based on how the arrest or search was handled. Common legal challenges include:
Was the traffic stop legal?
Was the search that led to the marijuana constitutional?
Were your Fourth Amendment rights violated?
Did law enforcement follow proper procedures when handling the evidence?
It’s also important to remember: not every green, leafy substance police find and label as marijuana actually turns out to be marijuana. The prosecution must prove—with a lab test—that the substance was illegal marijuana under South Carolina law. We've handled cases where that never happened, or where the lab results contradicted the officer’s assumptions.
Don’t Go Through It Alone
At the Law Office of James R. Snell, Jr., LLC, we’ve helped hundreds of clients fight marijuana charges throughout South Carolina, including in Lexington, Columbia, and surrounding areas. Whether it’s your first offense or you’re facing enhanced penalties, we’re here to protect your rights and your future.
Call us today at (888) 301-6004 or use our free case evaluation form. The consultation is confidential, and there’s no obligation.