Under South Carolina law, trafficking in marijuana is a felony offense. It is committed when any person knowingly sells, manufactures, cultivates, delivers, purchases, or brings into the State of South Carolina—or provides financial assistance or otherwise aids, abets, attempts, or conspires to perform any of these actions—or is knowingly in actual or constructive possession (or knowingly attempts to become in actual or constructive possession) of ten pounds or more of marijuana S.C. Code Ann. § 44-53-370.
To sustain a trafficking conviction based on a conspiracy, the state must show an agreement to traffic in marijuana for mutual benefit, which can be evidenced by an individual's active role in assisting with the procurement, packaging, and distribution of the shipments, rather than being limited to a mere buyer-seller relationship State v. Horne, 324 S.C. 372.
Statutory Definition of Marijuana
Under South Carolina's statutory framework, "marijuana" is defined as:
All species or varieties of the marijuana plant and all parts thereof, whether growing or not S.C. Code Ann. § 44-53-110;
The seeds of the marijuana plant S.C. Code Ann. § 44-53-110;
The resin extracted from any part of the marijuana plant S.C. Code Ann. § 44-53-110; or
Every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, seeds, or resin S.C. Code Ann. § 44-53-110.
However, "marijuana" specifically excludes the mature stalks of the plant or fibers produced from them; oil or cake made from the seeds (including cannabidiol derived from the seeds); any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except extracted resin); and sterilized seeds incapable of germination S.C. Code Ann. § 44-53-110. It also excludes federally approved cannabidiol administered in designated clinical trials or expanded access programs for severe forms of epilepsy, as well as specific, nonpsychoactive cannabidiol substances containing nine-tenths of one percent or less of tetrahydrocannabinol (THC) and more than fifteen percent of cannabidiol for certified patients with severe forms of epilepsy S.C. Code Ann. § 44-53-110.
Furthermore, industrial hemp is excluded from the definition of marijuana State v. Crumpton, 444 S.C. 16. However, any cannabis plant material containing greater than 0.3 percent of THC on a dry weight basis is legally considered marijuana, which requires quantitative chemical analysis by the State Law Enforcement Division (SLED) laboratory to distinguish the THC levels between industrial hemp and marijuana State v. Crumpton, 444 S.C. 16. Under the statutory definition, "manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, including packaging, repackaging, or labeling its container S.C. Code Ann. § 44-53-110.
Weight Thresholds and Penalties
The criminal penalties for trafficking in marijuana are determined by a mandatory sentencing structure based on the weight of the marijuana or the number of marijuana plants involved:
Ten pounds or more, but less than one hundred pounds:
First Offense: A term of imprisonment of not less than one year nor more than ten years, and a fine of ten thousand dollars S.C. Code Ann. § 44-53-370.
Second Offense: A term of imprisonment of not less than five years nor more than twenty years, and a fine of fifteen fifteen thousand dollars S.C. Code Ann. § 44-53-370.
Third or Subsequent Offense: A mandatory term of imprisonment of twenty-five years, and a fine of twenty-five thousand dollars S.C. Code Ann. § 44-53-370.
One hundred pounds or more, but less than two thousand pounds, OR 100 to 1,000 marijuana plants (regardless of weight): A mandatory term of imprisonment of twenty-five years, and a fine of twenty-five thousand dollars S.C. Code Ann. § 44-53-370.
Two thousand pounds or more, but less than ten thousand pounds, OR more than 1,000 but less than 10,000 marijuana plants (regardless of weight): A mandatory term of imprisonment of twenty-five years, and a fine of fifty thousand dollars S.C. Code Ann. § 44-53-370.
Ten thousand pounds or more, OR 10,000 or more marijuana plants (regardless of weight): A term of imprisonment of not less than twenty-five years nor more than thirty years, with a mandatory minimum term of imprisonment of twenty-five years, and a fine of two hundred thousand dollars S.C. Code Ann. § 44-53-370.
By statutory mandate, no part of the imprisonment sentences outlined above may be suspended, nor may probation be granted S.C. Code Ann. § 44-53-370.
Lesser Included Offenses and Double Jeopardy Limitations
The offense of possession with intent to distribute (PWID) marijuana is a lesser included offense of trafficking in marijuana when the trafficking charge is based upon possession S.C. Code Ann. § 44-53-370, State v. Kirkpatrick, 320 S.C. 38, Harden v. State, 360 S.C. 405. Consequently, a defendant cannot be convicted of both PWID marijuana and trafficking based on possession arising from a single, identical act of possession of the same marijuana Harden v. State, 360 S.C. 405.
However, this double jeopardy limitation does not apply if the trafficking conviction is based on a broader conspiracy, which is legally distinct from the individual transactions supporting separate distribution charges Harden v. State, 360 S.C. 405. Procedurally, if there is conflicting evidence regarding whether the weight of the marijuana is sufficient to meet the statutory ten-pound threshold, both the trafficking and PWID charges must be submitted to the jury; if the undisputed evidence shows the weight exceeds ten pounds, only the trafficking charge should be submitted to the jury S.C. Code Ann. § 44-53-370, State v. Kirkpatrick, 320 S.C. 38.
Qualifications and Related Provisions
Under South Carolina law, it is also a violent crime to possess a firearm during the commission of a drug trafficking offense State v. Whitesides, 397 S.C. 313. To convict a defendant of possessing a firearm during the commission of trafficking in marijuana, the state must establish a factual nexus between the possession of the firearm and the underlying drug trafficking crime State v. Whitesides, 397 S.C. 313.
In conclusion, trafficking in marijuana in South Carolina is a severe felony defined by the knowing cultivation, sale, delivery, possession, or importation of ten pounds or more of marijuana, or at least 100 marijuana plants. Penalties are strictly governed by mandatory minimum prison sentences and heavy fines scaled to the quantity of the drug, with statutory protections preventing concurrent convictions for possession with intent to distribute when arising from the exact same physical drugs.
Elements
Prohibited Act: The defendant knowingly sold, manufactured, cultivated, delivered, purchased, brought into the State, or was in actual or constructive possession of marijuana (or provided financial assistance, aided, abetted, attempted, or conspired to do the same) S.C. Code Ann. § 44-53-370.
Weight Threshold: The quantity of marijuana involved must be 10 pounds or more, or 100 or more marijuana plants regardless of weight S.C. Code Ann. § 44-53-370.
Defenses
Constitutional Challenges: Defendants have challenged the proportionality of trafficking sentences under due process, equal protection, and cruel and unusual punishment frameworks, though courts have rejected these challenges by finding that severe penalties for drug trafficking are rationally related to protecting public health State v. Kiser, 288 S.C. 441.
Weight Disputes: Disputing the weight of the marijuana to reduce the charge below the 10-pound trafficking threshold.
Lack of Knowledge or Control: Demonstrating a lack of actual or constructive possession, or a lack of knowledge regarding the trafficking operation State v. Brown, 267 S.C. 311, State v. Stanley, 365 S.C. 24.
Penalties
Penalties for trafficking are determined by the weight of the marijuana or the number of plants, and carry strict mandatory minimum prison sentences that cannot be suspended or receive probation S.C. Code Ann. § 44-53-370:
10 Pounds or More, but Less than 100 Pounds:
First Offense: Felony; imprisonment of 1 to 10 years (no suspended sentence or probation) and a $10,000 fine S.C. Code Ann. § 44-53-370.
Second Offense: Felony; imprisonment of 5 to 20 years (no suspended sentence or probation) and a $15,000 fine S.C. Code Ann. § 44-53-370.
Third or Subsequent Offense: Felony; a mandatory 25-year term of imprisonment (no suspended sentence or probation) and a $25,000 fine S.C. Code Ann. § 44-53-370.
100 Pounds or More, but Less than 2,000 Pounds (or 100 to 1,000 Plants): A mandatory 25-year term of imprisonment (no suspended sentence or probation) and a $25,000 fine S.C. Code Ann. § 44-53-370, State v. Kiser, 288 S.C. 441.
2,000 Pounds or More, but Less than 10,000 Pounds (or 1,000 to 10,000 Plants): A mandatory 25-year term of imprisonment (no suspended sentence or probation) and a $50,000 fine S.C. Code Ann. § 44-53-370.
10,000 Pounds or More (or 10,000 or more Plants): Imprisonment of 25 to 30 years with a mandatory minimum of 25 years (no suspended sentence or probation) and a $200,000 fine S.C. Code Ann. § 44-53-370.
Under South Carolina law, marijuana offenses are categorized based on the quantity of the substance involved, ranging from simple possession of small amounts to major trafficking offenses. South Carolina strictly regulates marijuana, drawing clear lines between minor possession and major trafficking operations. Simple possession of small quantities is treated as a misdemeanor, offering opportunities for conditional discharges or diversion programs. In contrast, possessing larger quantities triggers legal presumptions of an intent to distribute, and reaching the ten-pound threshold subjects defendants to severe felony trafficking charges with mandatory minimum prison sentences that cannot be suspended. Effectively defending against these charges typically relies on challenging the prosecution's evidence of constructive possession, knowledge, or intent.
Criminal defense in South Carolina is technical and detail-driven. Small facts often make the biggest difference.
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