Spartanburg Marijuana Possession Lawyer

South Carolina remains one of the few states that continues to aggressively jail individuals for possessing even small amounts of cannabis. Despite some ongoing legislative debates regarding decriminalization and medical access, any form of recreational or medical marijuana use remains illegal under current state law.

A Spartanburg marijuana possession lawyer can investigate the circumstances of your arrest, identify potential defenses, and negotiate with prosecutors for reduced charges or dismissals. Our drug attorneys at Ellis Hinton, LLC, can tirelessly represent you in court to protect your rights and future.

What Constitutes Marijuana Possession?

Marijuana possession is defined by the legal control an individual has over the substance. Possession does not require you to be physically holding the drug, but is established through two legal theories:

• Actual possession: The drug is physically on your person, such as in your pocket, hand, or a bag you are carrying.
• Constructive possession: The drug is not on your person but is in an area over which you have dominion and control and knowledge of its presence. Examples include marijuana found in your car, home, or a shared space like a dresser drawer.

You can be charged with possession of drug paraphernalia even if no usable marijuana is present if you have items intended for its use, such as bongs, pipes, or scales. However, this is typically a civil rather than a criminal offense. While the paraphernalia charge itself is civil, it is frequently used as evidence to support more serious criminal charges, such as possession with intent to distribute or manufacturing.

If an object contains usable marijuana residue, it can also lead to a separate criminal charge for simple possession of the drug itself. South Carolina has limited exceptions, primarily allowing a specific low-THC (less than 0.9% THC) CBD oil for patients with severe epilepsy under Julian’s Law.

Medical marijuana cards from other states have no legal standing in South Carolina. Visitors found with marijuana, even if purchased legally elsewhere, will be subject to state law and can face arrest. If you or a loved one has been charged with alleged marijuana possession, immediately contact a Spartanburg lawyer to protect your rights and ensure the strongest defense possible.

What Are the Possible Legal Outcomes for Marijuana Possession?

South Carolina classifies possession based on the weight of the substance:

• Simple possession (28g / 1 oz or less): Classified as a misdemeanor. A first offense can result in up to 30 days in jail and a fine between $100 and $200, while subsequent offenses are punishable by up to one year in jail and a fine between $200 and $1,000.
• Possession with intent to distribute: Classified as a felony. Possession of more than one ounce but less than 10 pounds is automatically presumed as intent to distribute. A first offense is punishable by up to five years in prison and a fine of $5,000, while a second offense carries up to 10 years in prison and a fine of $10,000.
• Trafficking (10 lbs or more): Classified as a serious felony with mandatory minimum sentences. For example, possession of 10 to 100 lbs of marijuana can result in anywhere from one to 10 years in prison and a $10,000 fine for a first offense.

Possession with intent or sales within a half-mile of a school or public park can lead to an additional 10 years in prison and a $10,000 fine. Moreover, cultivation of marijuana is a serious crime regardless of the number of plants involved. Growing even one marijuana plant is a felony.

For example, the penalty for growing fewer than 100 plants includes up to five years in prison and a $5,000 fine. Given the grave penalties associated with marijuana possession, it is crucial to speak with a Spartanburg attorney as soon as possible if you are investigated for or charged with this offense.

Speak with a Spartanburg Marijuana Possession Attorney

Even simple marijuana possession is a grave criminal offense that can appear on background checks for years, affecting your employment opportunities, professional licensing, and housing applications. A Spartanburg marijuana possession lawyer can negotiate with the solicitor’s office for a favorable plea deal, which might involve reduced charges or alternative sentencing options like conditional discharge or diversion programs.

If a favorable deal cannot be reached, our legal team can aggressively represent you at trial, presenting a defense and cross-examining witnesses to create reasonable doubt and fight for an acquittal. Contact Ellis Hinton, LLC today to request your confidential case review.