Category: South Carolina

Drivers in South Carolina should know that cannabis and paraphernalia possession is still illegal under state law. State legislators have tried and failed to pass medical cannabis laws, and it doesn’t look like legalization will hit the Palmetto State anytime soon. Possession of cannabis or paraphernalia is a severe offense in South Carolina, and so is a cannabis DUI. This article will cover where the state law stands now if you are charged with possession of cannabis or a cannabis DUI.

 

Cannabis Possession in South Carolina

 

Possession of any cannabis is illegal in South Carolina and includes cannabis flower, edibles, tinctures, hash, concentrates, dabs, and oil vapes. Possession of any cannabis product that contains over 0.3% THC has serious consequences under the law.

If you’re found in possession of less than one ounce of cannabis flower or less than 10 grams of concentrate in South Carolina, you could be facing a misdemeanor, 30 days in jail, and a fine of $200. The penalties increase drastically with subsequent charges or larger amounts of cannabis product. Information courtesy of the National Association for the Reform of Marijuana Laws.

 

 

South Carolina considers the possession of more than an ounce of cannabis or 10 grams of hash or concentrate as a felonious sale or trafficking. Jail time can range from the mandatory minimum of a year to 25 years, depending on the amount in possession and the number of previous offenses. Fines can range from $5,000 for less than 10 pounds to $200,000 if you drive a truckload of more than 10,000 pounds of cannabis.

 

Furthermore, the sale of cannabis to a minor or within a half-mile radius of a school, playground, or public park is a felony. The punishment for sale to a minor is up to 10 years in jail and a fine of up to $10,000.

 

Needless to say, in a state that’s so unfriendly towards cannabis, it’s important to be informed so that you can keep yourself safe.

Drug Paraphernalia Laws in South Carolina

It’s not just cannabis possession that South Carolina drivers should be aware of. It’s paraphernalia too. Under state law, paraphernalia includes any device “used, designed for use, or intended for use” in consuming cannabis in any way. The law explicitly names many types of paraphernalia, including pipes, bongs, roach clips, and chillums. Possession of paraphernalia is a civil offense in South Carolina, punishable by a fine of up to $500.

 

What Happens if You Get a Cannabis DUI in South Carolina?

 

As you’ve probably guessed based on South Carolina’s cannabis laws as a whole, the penalties for a cannabis DUI are even stricter.

 

South Carolina doesn’t go easy on cannabis-induced impairment behind the wheel, no matter who you are. According to South Carolina laws, it’s illegal to drive under the influence of any substance that causes “impairment to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.”

 

The penalties for drugged driving in South Carolina are severe. After the first offense, you could find yourself saddled with a fine of $400, 48 hours of jail time, 48 hours of community service, and obligatory attendance to an alcohol and drug safety action program. You’ll also find yourself facing fees, court dates, and potentially even insurance issues. The penalties for driving under the influence in South Carolina increase with subsequent offenses as well.

Because it is so difficult to measure cannabis intoxication, people who use cannabis in South Carolina need to be especially careful when it comes to driving. Even if you were not intoxicated at the time, a drug test that comes back as THC positive after a traffic stop could lead to a DUI conviction. These stringent laws and harsh penalties make it even more important for cannabis users to have a plan in place for dealing with potential legal issues.

 

How To Protect Against a Cannabis DUI Charge in South Carolina

 

It’s not just possession and paraphernalia that have severe consequences — a cannabis DUI arrest or cannabis DUI charge in South Carolina is a serious offense. Cannabis DUI charges disproportionately impact people without the financial resources to defend themselves and access legal defense. That is why it is crucial to consume responsibly, know the facts, and have a proactive legal plan.

 

Cannabis consumers must understand their rights as drivers. You deserve quality representation in the event of facing cannabis DUI or other cannabis charges. At reepher, we help cover these and related costs.

 

The dramatic variation of cannabis laws from state to state often leads to confusion about marijuana laws and their penalties. With so many states still strictly enforcing cannabis use and possession laws, staying informed, knowing your rights, and having a plan are essential. Read on to find out if there is a legal way to consume cannabis in South Carolina.

 

What Should a Cannabis Consumer Know About South Carolina Laws?

The most important thing anyone who consumes cannabis in South Carolina should know is that cannabis is still illegal in the Palmetto State. South Carolina has yet to legalize medical or adult-use cannabis, and cannabis users can get into legal trouble if caught with cannabis or suspected of being under the influence of cannabis while driving.

 

South Carolina is especially strict about cannabis use while operating a vehicle. The laws and practices surrounding cannabis DUI charges can be murky, and the penalties are severe. If you’re a cannabis user in South Carolina, you must stay informed about what a cannabis DUI is and how being charged with one can affect you.

 

What are the Penalties for Cannabis Charges in SC?

 

South Carolina still has severe penalties for anyone caught with cannabis products.

These penalties for cannabis possession increase with further offenses and larger amounts of cannabis products. The penalties for driving under the influence of cannabis and a subsequent cannabis DUI offense are even stricter. For cannabis users who live in states like South Carolina that are unfriendly towards cannabis, it’s essential to be as informed and prepared as possible.

 

Is Cannabis Consumption Legal in South Carolina?

 

Unfortunately, no. South Carolina still considers cannabis a controlled substance, meaning it is not legal to grow, sell, possess, or use high-THC cannabis products anywhere in the state. There are no exceptions for medical patients, despite some recent attempts at cannabis policy reform.

 

There are technically some legal ways to consume cannabis in South Carolina, though. CBD comes from the hemp plant and is considered a cannabis product. CBD is widely available to the public in South Carolina in many forms, from vaporizers to infused foods and drinks. To be legal in South Carolina and on the federal level, this CBD must be derived from hemp instead of marijuana and contain less than 0.3% THC.

 

Is THC-Positive CBD Legal in South Carolina?

 

Even though medical marijuana is illegal in South Carolina, patients with certain medical conditions can access more potent forms of CBD to bolster their treatments.

Patients with severe epilepsy that has not responded to traditional treatments are eligible for medical benefits in the form of high-potency CBD. With documentation from a doctor, patients with Lennox Gastaut Syndrome, Dravet Syndrome, or another type of severe epilepsy are permitted to possess and use cannabis products that contain up to 0.9% THC and at least 15% CBD. These patients are not required to carry any documentation with them, though it’s always better to have it on hand if necessary, given South Carolina’s unfriendly stance towards cannabis.

 

How Can You Protect Yourself in SC?

 

Whether you’re a regular cannabis user, a medical patient who uses CBD with a higher level of THC, or just someone who wants to protect themselves in the event of a cannabis charge in South Carolina, you can never be too prepared.

Reepher offers coverage in the event of cannabis charges in South Carolina, helping you with every part of your legal defense. If you’re a cannabis consumer concerned about potential cannabis possession, paraphernalia or DUI charges, consider what a reepher membership offers.

 

 

 

Getting pulled over with cannabis in South Carolina can be a stressful experience with severe consequences. If you consume cannabis, you will want to know the facts and be prepared.

 

What Should You Do if You Are Pulled Over in South Carolina?

 

The first thing to remember if the police pull you over is to remain calm. Use your turn signal, and pull your vehicle to a safe location on the right side of the road. Follow the officer’s instructions, answer questions, and provide the requested documents.

 

Will a Medical Cannabis Card From Another State Protect Me From Cannabis DUI or Possession Charges in South Carolina?

 

No, holding a medical cannabis card from another state will not protect you from cannabis DUI or cannabis possession charges in South Carolina.

Cannabis is still federally illegal, and each state’s laws are different. There is no reciprocity between states for medical cannabis cardholders.

A medical cannabis card in any state will not protect you from being charged or convicted of a cannabis DUI. In fact, you can be considered impaired for DUI purposes if you take any drug, including medications prescribed by your doctor, over-the-counter medications, illegal drugs, alcohol, or any combination.

 

What Are Implied Consent Laws in South Carolina?

 

Every state, including South Carolina, has implied consent laws. Implied consent laws state that any person driving in the state is considered to have given consent for testing of breath, blood, or urine to determine DUI.

 

If a driver refuses to submit to drug and alcohol testing in South Carolina, they face an automatic 90-day driver’s license suspension. If they have a prior alcohol-related conviction or suspension in the past 10 years, they face a 180-day suspension. Refusal could be used against a driver in court if they are charged with a cannabis DUI.

 

What if Police Suspect You Are Driving Under the Influence of Cannabis in South Carolina?

 

South Carolina police need probable cause to pull you over for driving under the influence. Probable causes could include involvement in an accident, erratic driving, swerving, or disobeying traffic signs.

 

In addition to blood, urine or saliva drug testing for cannabis, alcohol, or other drugs, police can inspect a driver for DUI using multiple tests, including:

• Breathalyzer tests to determine blood alcohol content (BAC)
• Horizontal gaze nystagmus (HGN) test, which involves following a moving object with your eye while the officer checks for eye movement patterns that may indicate impairment
• Physical tests such as walking in a straight line or standing on one leg

 

What Are the Penalties for Cannabis Possession in South Carolina?

 

South Carolina has serious penalties for cannabis and paraphernalia possession. There is currently no medical cannabis program in South Carolina. Possession of less than one ounce of cannabis flower or less than 10 grams of concentrate is a misdemeanor, punishable by 30 days in jail and a $200 fine. The penalties increase with subsequent charges or larger amounts in possession.

 

Make sure you remove paraphernalia from your car while driving through South Carolina. Paraphernalia possession includes any device used or designed for use in consuming cannabis in any way. “Paraphernalia” includes pipes, bongs, roach clips, and chillums. Possession of paraphernalia is a civil offense in South Carolina, punishable by a fine of up to $500.

 

Are DUI Checkpoints Legal in South Carolina?

 

South Carolina law allows police to conduct DUI checkpoints as long as they meet the following requirements:

• Police must stop cars in a predictable pattern.
• The site must be safe and identifiable.
• The stops must be brief.
• The checkpoint must be effective and serve the public’s interest.
• Law enforcement must have a valid reason for the checkpoint, such as an increased DUI rate in the area.
• Supervisory approval is needed.
• Law enforcement must publicize the checkpoint.

 

What Happens to Your Vehicle in a Cannabis DUI in South Carolina?

 

If you are arrested for a cannabis DUI in South Carolina, your car can be impounded by police to clear the road. Police can also search it for evidence. If your vehicle is impounded, it will be towed to an impound lot. You will have to pay impound fees plus towing costs to get it back. Getting your vehicle out of impound as soon as possible is best because more fees accrue the longer it is held. Impound fees and towing expenses can range from hundreds to thousands of dollars.

 

How To Protect Against a Cannabis DUI Charge in South Carolina

 

A cannabis DUI arrest or cannabis DUI charge in South Carolina is expensive, and the laws are constantly changing. Cannabis DUI charges disproportionately impact people without the financial resources to defend themselves and access legal defense. That is why it is crucial to consume responsibly, know the facts, and have a proactive legal plan.

 

Cannabis consumers must understand their rights as drivers. You deserve quality representation in the event of facing cannabis DUI charges. At reepher, we help cover these and related costs.