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Charleston Marijuana Charges Lawyer

Charleston Marijuana Charges Lawyer

Strong advocacy if you’ve been charged with a South Carolina marijuana offense

Marijuana use is illegal in South Carolina, even for medical and recreational use. If you are charged with possession, manufacture, or trafficking of marijuana, you will likely be imprisoned and have to pay a large fine if you are found guilty. If you are charged with a felony, upon your release you might find it difficult to find employment or a place to live. There are often defenses against marijuana charges. At The Law Offices of A. Randolph Hough, P.A. our Charleston marijuana lawyer has 30 years of experience as both a defense lawyer and a former prosecutor fighting for criminal defendants. He’ll assert all your defenses. We’ve helped numerous defendants obtain dismissals, acquittals, and fair plea bargains in numerous cases. Call today to fight for your freedom.

“Remember, an arrest is not a conviction.”    -    Attorney Hough

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Is marijuana possession legal in Charleston under any conditions?

Not yet. Unlike many other states, South Carolina has no recreational or medical use exception. However, there is a current attempt to approve the use of marijuana for medical purposes. The South Carolina State Senate voted to approve medical marijuana in February 2024, but the House has yet to pass it.

The legislation is fairly restrictive compared to other states. It would still be illegal to smoke marijuana, and patients would have to use salves, patches, oil, and vaporizers. Only specific illnesses could be treated, including cancer, glaucoma, sickle cell anemia, autism, multiple sclerosis, and some post-traumatic stress disorders. Only specific pharmacies could dispense the medication with a prescription. Doctors who prescribe the medication need to meet patients in person, and patients would only be able to obtain a two-week supply. Workers who use the drug could be fired by their employers.

Opponents of medical marijuana worry the law would “open the door to allowing recreational marijuana. They say federal rules still don't allow marijuana for medical use, and it hasn't been thoroughly studied.”

Our Charleston marijuana charges lawyer is following the current legislation’s status.

If you buy marijuana in a state where it is legal, that does not make your possession legal in South Carolina. When you return to Charleston, you can be arrested for possession of marijuana even though you made an out-of-state purchase.

According to the Center for Advanced Health (CFAH), “Low-THC/high-CBD oil is legal, though growers and manufacturers must complete a licensing and permitting process.”

What is marijuana?

At The Law Offices of A. Randolph Hough, P.A. our Charleston marijuana lawyer defends anyone charged with any type of marijuana crime, including:

  • Simple possession of marijuana or any derivative
  • Possession of drug paraphernalia
  • The manufacture and distribution of marijuana
  • Trafficking marijuana

South Carolina defines marijuana as:

  1. All species or varieties of the marijuana plant and all parts thereof whether growing or not
  2. The seeds of the marijuana plant
  3. The resin extracted from any part of the marijuana plant
  4. Every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin

The state law also includes definitions for what marijuana does not mean, including:

  1. The mature stalks of the marijuana plant or fibers produced from these stalks
  2. Oil or cake made from the seeds of the marijuana plant, including cannabidiol derived from the seeds of the marijuana plant
  3. Any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks
  4. The sterilized seed of the marijuana plant which is incapable of germination

Some exceptions regarding the use of cannabidiol for the treatment of severe forms of epilepsy may apply.

What types of marijuana crimes can someone in Charleston face?

Our Charleston drug crimes lawyer represents anyone in Charleston who is arrested for the following crimes:

  • Simple possession of marijuana. You can be charged with possession if you possess less than one ounce (28 grams) of marijuana. Possession includes actual possession (the marijuana is on you or in or on something you’re holding) and constructive possession (you have direct access to the substance, such as marijuana being present in your home or car). The government must be able to show you knew the drug was marijuana and that you had knowledge of the drug’s existence. Simple possession of small amounts of marijuana is a misdemeanor punishable by up to 30 days in jail and up to $200 in fines. The penalties increase as the amount increases, and if you have a prior record.
  • Possession of drug paraphernalia. These are items that are used to prepare and use marijuana. Examples include bongs, roach clips, water pipes, and other types of marijuana pipes. Drug paraphernalia also includes objects used to advertise, sell, or deliver marijuana, marijuana residue, instructions about usage, and other objects. Possession of drug paraphernalia is a misdemeanor and the penalty can be up to 30 days in jail and/or up to a fine of $500.
  • Intent to distribute marijuana. If you possess between one ounce and 10 pounds of marijuana, you could be charged with “intent to distribute marijuana” if the police believe you were going to do more than just smoke the marijuana for personal pleasure. Some of the factors that the police will examine are whether there are any measuring scales, the packaging, and whether the marijuana was broken down into packets. This crime is a felony, and the penalties for a first, second, and third offense respectively are up to five years (and/or a $5,000 fine), up to 10 years (and/or a $10,000 fine), and up to 20 years (and/or a $20,000 fine).
  • Trafficking marijuana. South Carolina Code 44-53-370(e) provides that “trafficking in marijuana” is a felony that includes anyone who “knowingly sells, manufactures, cultivates, delivers, purchases, or brings into” South Carolina (or who provides financial assistance or other types of aid) between 10 and 99 pounds of marijuana. The penalties vary depending on the amount and whether you have prior offenses. A first offense for 10-99 pounds of marijuana will result in 1-5 years in jail and up to $10,000 in fines. There are different penalties for different drug amounts of 100 pounds to 2,000 pounds, 2,000 pounds to 10,000 pounds, and more than 10,000 pounds. A first offense for 10,000 or more pounds of marijuana will result in at least 25 years in prison and a $250,000 fine.

Another marijuana crime is manufacturing marijuana.

What defenses do you assert for anyone in Charleston charged with a marijuana crime?

Our Charleston marijuana charges defense lawyer asserts many different defenses depending on the charges, the amount of marijuana involved, how the marijuana was seized, and other factors.

Some of the defenses we assert include:

  • Contesting whether the police had grounds to stop you
  • Contesting whether the search was legal
  • Arguing that any statements you made violated your Fifth Amendment rights
  • Arguing that you were not in constructive or actual possession of the drugs
  • Contesting the amount of the drugs
  • Arguing that the government cannot prove the charges beyond a reasonable doubt

Are there alternatives to incarceration?

Our Charleston criminal defense lawyer fights to have your charges dismissed, obtain acquittals, and negotiate plea bargains.

We also advise you about two possible alternatives if you’ve been charged with a drug offense in South Carolina:

  • You may be eligible for a pre-trial intervention program if you are a first-time nonviolent offender. This program requires that you complete a program of community service; attend mandatory counseling; pass multiple drug tests; write possible essays, apology, and appreciation letters; and other conditions for approximately three to 12 months. If you complete the requirements, your marijuana conviction is discharged and can be expunged. If you fail the requirements, the guilty plea is immediately entered and you will be sentenced.
  • You may be eligible for a South Carolina drug court disposition. Here, you plead guilty but instead of incarceration, you will need to complete a very intensive drug treatment program for substance abuse. If you fail the requirements, you will be sentenced. If you complete them, you can proceed with your life. Our drug defense lawyer will explain the eligibility requirements for the Charleston County Drug Court.

The Law Offices of A. Randolph Hough, P.A. also aggressively defends clients against other criminal charges, including assault, arson, kidnapping, and charges against college students. We also handle drunk driving defense.

Do you have a Charleston marijuana charges lawyer near me?

The Law Offices of A. Randolph Hough, P.A. meets clients at our Charleston Office located at 171 Church St #160. We also make arrangements to see anyone in custody and to discuss cases by phone or through video consultations.

1720 Main St. Suite 105
Columbia, South Carolina 29201
Phone: (803) 219-2740
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171 Church Street, Suite 160
Charleston, SC 29401
Phone: (843) 507-4558
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Call us if you’ve been arrested. Get help from our respected Charleston marijuana drug defense lawyer now

Even though marijuana use is illegal, many Charleston residents feel that marijuana helps them physically and emotionally. If you are arrested for any marijuana charge, our Charleston marijuana drug defense lawyer understands how frightening being arrested for any drug crime is. At The Law Offices of A. Randolph Hough, P.A., we’re ready to assert your defenses. We’ll explain your rights and assert all your defenses. Please call us or fill out our contact form to schedule a free consultation.