Marijuana Possession

Lexington Drug Crimes Defense Attorneys

Possession of less than 28 grams of marijuana in South Carolina is prosecuted as Simple Possession of Marijuana pursuant to S.C. Code § 44-53-370. Every charge is prosecuted as a criminal offense, and you are considered to have been "arrested" if the officer ticketed you or elected to take you to jail.

Unlike other states that have civil penalties the Courts in South Carolina only have criminal penalties to those who plead guilty or are convicted of marijuana possession. Paying the fine or forfeiting your bond money is the same as pleading guilty, and is a legal admission that can be used against you later in other proceedings.

A plea or conviction to marijuana possession can create serious, lifelong consequences. These include the possibility of a jail sentence (even for first time offenders), loss of scholarship or employment opportunities and a publically available criminal record. There are options however, many of which will not ever be disclosed by law enforcement, which can help avoid the consequences of a plea or conviction.

It is important to understand that being arrested does not equal being convicted. People charged with simple possession of marijuana in South Carolina are criminal defendants - with all the rights provided by both the United States and the South Carolina Constitutions. These include the right to challenge police procedures, faulty evidence and unreliable witnesses. Beyond the legal or factual defenses there are programs that are available to help good people avoid the criminal penalties even if they are guilty of marijuana possession. As a experienced criminal defense attorney James Snell understands the anxiety and the fear that surrounds any drug possession charge facing you or a loved one.