South Carolina Laws and Penalties

 

A naturally occurring cannabinoid in the cannabis plant is delta-8 THC. It is present in tiny amounts in both hemp and Marijuana.

However, it is somewhat of a legal minefield to convert other cannabinoids into delta-8. States are already lined up to outlaw south carolina delta 8 laws, but it's unclear what the legislation is at the federal level.

The legal status of delta 8 in south carolina won't be altered by any impending state legislation. Delta-8 is still permitted in the state for the time being.

Is the Federal Government changing the Legal Status of delta-8?

Yes. delta 8 thc legal south carolina in the US, but the federal government and Drug Enforcement Agency (DEA) want to change that.

Midway through 2020, the DEA published an Interim Final Rule (IFR) addressing the legal standing of cannabis generated synthetically. What does delta-8 have to do with "synthetically derived"? Since delta 8 in south carolina is a minor cannabinoid, hemp plants hardly contain 1% of it.

What is the Status of Marijuana in South Coralina

Not all Marijuana is legal here. Delta 8 is a different form and less potent, so legal.

Let's talk about the laws and penalties for other Marijuana;

Constructive versus Actual Marijuana Possession

A marijuana possession accusation in South Carolina does not need that the accused to have the drug in their actual possession. Actual physical possession denotes the substance being present on the accused. The medication might, for instance, be in a coat or pair of a pants pocket.

Contrarily, constructive possession denotes the substance within the accused's reach or broad area. For instance, if law enforcement officials find Marijuana in a house or car when the defendant is present, the defendant may be deemed to have constructive possession of the substance.

In South Carolina, a marijuana possession accusation may be upheld with either actual physical or constructive possession.

Penalties for a Conviction of Marijuana Possession

A person could be subject to severe punishments if found guilty of marijuana possession in South Carolina. Possession of Marijuana is a misdemeanor, which carries fewer sentences than a felony.

Depending on the overall weight of the narcotics, a marijuana possession conviction in South Carolina can result in up to 30 days or 6 months in jail, a fine of up to $1,000, or any combination of those sentences.

Subsequent drug convictions can result in significantly harsher punishments for offenders. A second conviction for marijuana possession, a misdemeanor, carries a maximum sentence of one year in jail and a fine of $2,000, or both.

Legal Defenses to Present

The accused may contest the accusations in court using several different defenses to marijuana possession in South Carolina. These possible countermeasures include:

·         False identity

·         Lack of ownership over the home or vehicle where the authorities located the drugs (i.e., lack of actual or constructive possession over the Marijuana)

·         Constitutional breach (i.e., improper search or seizure which led to the discovery of the Marijuana)

Conclusion

If you or a loved one is currently charged with marijuana possession, a solid legal defense may result in the state's attorney dropping the case or issuing process. Alternatively, a South Carolina marijuana possession attorney might be able to negotiate a favorable plea agreement with the prosecutor on your behalf or assist you in getting your felony sentence reduced.