More and more countries around the world are legalizing marijuana. However, in South Carolina, the simple possession of marijuana remains illegal. Clemson residents found in possession of the drug should certainly contact a local drug lawyer.
They risk severe penalties so they will need all the help they can get. Any drug-related conviction could cost them their job and their reputation. It could affect their personal life and that of their loved ones as well. It is better to act as soon as possible and build a strong defense.
An experienced drug attorney in Clemson may be able to prove their innocence. Another option is to convince the authorities to drop the charges for lack of evidence. They will review the case specifics and recommend the best course of action.
No matter the details, defense begins with information. One important aspect is worth clarifying is what “marijuana” means under South Carolina laws. Also, a look at the penalties offenders risk may help. Here is how Code section 44-53-110 defines marijuana.
The Definition Anyone Charged with Simple Possession of Marijuana in Clemson, SC, Should Know
Under South Carolina laws, the term “marijuana” includes:
- All the species and varieties of the plant and all the plant’ parts, growing or not
- The plant’s seeds
- Any resins extracted from a marijuana plant
- Any compounds, manufactures, salts, mixtures, derivatives or preparations from the plant, its seeds, or resin
Clemson residents cannot be charged with simple possession of marijuana when caught possessing:
- The mature plant’s stalk or the fibers produced from it
- Oil and/or cake made with marijuana seeds
- Cannabidiol from marijuana seeds and mature stalks
- Any compound, manufacture, salt, mixture, derivative, or preparation from mature stalks except for the resin
- Sterilized seeds of the plant, incapable to germinate.
The penalties for simple possession of marijuana do not apply to a few exceptions.
- Participants in approved programs using cannabidiol to treat severe epilepsy.
- Patients diagnosed with Dravet Syndrome, Lennox-Gastaut Syndrome, or other forms of epilepsy.
- The parents, guardians, and caretakers of patients approved to use cannabidiol as treatment.
“Cannabidiol” means extracts with maximum 0.9 percent tetrahydrocannabinol and minimum 15 percent cannabidiol. Anyone caught possessing marijuana as defined previously risks paying fines and spending time in jail.
Penalties for Simple Possession of Marijuana or Why Hire a Clemson Drug Attorney
Penalties vary according to the amount of marijuana and the number of offenses. South Carolina laws count drug possession offenses overall, not just marijuana-related. Those found possessing other controlled substances will qualify as repeat offenders. The thresholds and the related penalties are as follows:
1. No More than 28g (one ounce) – Simple Possession of Marijuana
This offense qualifies as a misdemeanor. It is punishable by a fine of $100-$200 and up to 30 days of imprisonment. The penalties may also grow up to a $1,000 fine and 1 year of imprisonment for repeat offenders. The penalties for possession within half a mile from schools and parks are similar to those for repeat offenses.
2. Between 28g and 10lbs – Possession with Intent to Distribute
This offense qualifies as a felony. Those who commit it risk a fine of up to $5,000 and may spend up to 5 years in prison. The penalties can also reach a $10,000 fine and 10 years of imprisonment for offenses near a school or park. The higher the quantity possessed and the number of previous convictions, the higher the penalties get.
3. Between 10 and 100lbs – Trafficking
Finally, Clemson residents found possessing more than 10 pounds of marijuana risk felony charges. As a result, the penalties go up to a $10,000 fine and 10 years in prison. Needless to say, they grow with the quantity of marijuana and the number of offenses.
The penalties for the simple possession of marijuana may not seem that high. However, Clemson residents should not take such charges lightly. A criminal record can mean as a result of job loss, compromised reputation, and low credibility. Above all, it is better to consult a drug attorney and try to have all charges dismissed.
Consult a Clemson Drug Lawyer from The Bateman Firm Now!
Are you facing drug-related charges in Clemson, SC? Then you need a reliable and dedicated drug attorney on your case. At The Bateman Firm, we have handled numerous drug-related cases. From the simple possession of marijuana to trafficking, we help residents keep their records clean.
We can certainly protect your reputation and interests as well. Contact us now using the online form or calling 864-406-6036 and schedule a consultation. You will certainly receive answers to all your questions and advice on how to approach your case.