Whether you’re a South Carolina resident or visiting the state, it’s important to know what the laws are for the possession and use of marijuana. Although there aren’t any official laws that state that marijuana is illegal in the state, there are a few things that you should be aware of.
Hemp Products Are Legal
Currently, there are at least 200 hemp farmers registered in South Carolina. The state is also expanding hemp operations. To become a hemp farmer, one must apply for a permit from the Department of Agriculture. Hemp farming permits are available year-round.
If you wish to process industrial hemp or manufacture CBD products in South Carolina, you will need a permit from the South Carolina Department of Agriculture (SCDA). You must be at least 18 years old to obtain a hemp handler license and at least 18 years old to obtain a grower license. You must apply for a license annually.
You may only sell smokable hemp to adults. A smokable hemp product is a processed hemp good that has undergone a curing and drying process. You should only smoke hemp indoors.
Non-Smokable Cannabis is Legal
Until recently, medical marijuana was not legal in South Carolina. As a result, a number of people with debilitating health conditions were denied the ability to use medical cannabis. But now, the state is close to allowing the use of medical cannabis.
To qualify for medical cannabis, a person must have a disease or condition that has been verified by a physician as a qualifying health condition. In addition, the patient must possess a valid registry identification card. If the registry identification card is revoked, the person can request a hearing in an Administrative Law Court.
While a number of states have removed state-level criminal penalties from the cultivation and distribution of cannabis, it is still illegal to buy or sell marijuana in South Carolina. However, there are a number of products that are legal in the state.
Medical Cannabis Establishments Are Not Subject to Prosecution, Search, Seizure, or Penalty
Several states have legalized the possession and use of cannabis for medical purposes. Among these is the state of Missouri. The Missouri Medical Marijuana Act is designed to provide safety and protection for patients and primary caregivers. It’s also not intended to encourage public use of the substance.
A state-licensed physician can recommend the usage of cannabis for medical purposes. The Department of Health and Human Services (DHHS) may test products for potency and certify that they are safe and effective. In addition, a Qualifying Patient can cultivate up to six nonflowering marijuana plants. The DHMS may also authorize an establishment to produce, manufacture, and package marijuana-infused products.
Although the Department of Health and Human Services has yet to promulgate rules on the subject, it should soon. In the meantime, the department will develop and maintain standards for the manufacture, storage, and delivery of medical marijuana. In addition, the department may impose additional security measures on medical cannabis establishments.
Punishments for Possession
Getting charged with marijuana in South Carolina can be a confusing experience. There are a number of different penalties for the possession of marijuana, and each one has its own consequences. Having a lawyer to help you understand the charges you face is essential.
Simple possession of marijuana is a misdemeanor in South Carolina. The penalties include a fine between $100 and $200. If you are charged with simple possession for the first time, you may qualify for a conditional discharge.
Marijuana distribution is a felony in South Carolina. If you are convicted of this crime, you can be jailed for up to five years. You could also be required to pay a fine of up to $5,000.
The amount of marijuana you are charged is an important factor in the penalties you will face. In most cases, if you are caught with more than an ounce of marijuana, you will be charged with trafficking.
COVID-19 Legislation Unlikely to See Any Forward Momentum
During the last Congress, Senator Chuck Schumer and a few other lawmakers introduced a bill to legalize marijuana. However, the bill was never passed. The good news is that there are other legislative attempts to legalize marijuana. The Senate has a list of priorities, and they may be able to pass a similar bill before the end of the year.
A new piece of legislation introduced by South Carolina Republican Nancy Mace would remove marijuana from the Controlled Substances Act. It would also allow for the import and export of the drug. The states could regulate it themselves. But it’s not clear if the federal government will go that far.
This is not the first time that a politician has introduced a marijuana legalization bill, but it is the first time the bill has made it to both chambers of Congress. The House has been a laggard, and it is possible that the bill will be killed by a new Republican chairman of the Judiciary Committee.
