South Carolina H 3018: Marijuana Decriminalization, Veterans

Bill Text

2025-2026 Bill 3018 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3018

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 44-53-370, RELATING TO CONTROLLED SUBSTANCE OFFENSES AND PENALTIES, SO 
AS TO LEGALIZE THE POSSESSION OF TWENTY-EIGHT GRAMS OR ONE OUNCE OR LESS OF MARIJUANA 
OR TEN GRAMS OR LESS OF HASHISH BY CERTAIN VETERANS DIAGNOSED WITH 
SERVICE-CONNECTED POST-TRAUMATIC STRESS DISORDER.

Whereas, mental and 
behavioral health experts estimate that as many as twenty percent of Iraq and 
Afghanistan war veterans suffer from post-traumatic stress disorder (PTSD); and

Whereas, the National 
Institute of Mental Health recently concluded that the suicide rate among 
veterans is fifty percent higher than the national average, and PTSD is a major 
contributing factor; and

Whereas, according to 
the United States Department of Veterans Affairs, on average, approximately 
twenty-two former members of the Armed Forces commit suicide every day; and

Whereas, traditional 
PTSD medications, including Zoloft and Paxil, have proven ineffective for many 
patients and possess known deleterious side effects for many others; and

Whereas, there is 
growing evidence that marijuana can positively affect the brain circuits 
involved in PTSD; and

Whereas, according to 
research conducted by the National Institute on Alcohol Abuse and Alcoholism, 
tetrahydrocannabinol (THC), the chemical that gives marijuana its feel-good 
qualities, acts on a system in the brain that is critical for fear and anxiety modulation; 
and

Whereas, when South 
Carolina's combat veterans are suffering to the point where they are committing 
suicide at nearly a fifty percent higher rate than the general population, the 
State, at a minimum, should not criminalize the one treatment that might 
alleviate the ravaging effects of PTSD; and

Whereas, South Carolina 
must reform its criminal penalties for marijuana possession to free up the 
necessary time and money to go after violent criminals who cause true havoc and 
loss of life in our communities. Now, therefore,

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 44-53-370(d)(5) of the S.C. Code is amended to 
read:

 (5)(a) possession of more than: one gram of cocaine, one 
hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains 
of morphine, two grains of heroin, two grains of fentanyl or a fentanyl-related 
substance as described in Section 44-53-190 or 44-53-210, one hundred 
milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten 
grams of hashish, fifty micrograms of lysergic acid diethylamide (LSD) or its 
compounds, fifteen tablets, capsules, dosage units, or the equivalent quantity 
of 3, 4-methylenedioxymethamphetamine (MDMA), or twenty milliliters or 
milligrams of gamma hydroxybutyric acid or a controlled substance analogue of 
gamma hydroxybutyric acid, is prima facie guilty of violation of subsection (a) of this section. A Except as provided in subitem (c), a person who 
violates this subsection with respect to twenty-eight grams or one ounce or 
less of marijuana or ten grams or less of hashish is guilty of a misdemeanor 
and, upon conviction, must be imprisoned not more than thirty days or fined not 
less than one hundred dollars nor more than two hundred dollars. Conditional 
discharge may be granted in accordance with the provisions of Section 44-53-450 
upon approval by the circuit solicitor to the magistrate or municipal judge. 
As a part of a sentence, a magistrate or municipal judge may require attendance 
at an approved drug abuse program. Persons charged with the offense of 
possession of marijuana or hashish under this item may be permitted to enter 
the pretrial intervention program under the provisions of 
pursuant to Sections 17-22-10 through 17-22-160. 
For a second or subsequent offense, the offender is guilty of a misdemeanor 
and, upon conviction, must be imprisoned not more than one year or fined not 
less than two hundred dollars nor more than one thousand dollars, or both. 
Notwithstanding any other another 
provision of law, a person convicted and sentenced pursuant to this item 
may have the sentence suspended and probation granted and is eligible for 
parole, supervised furlough, community supervision, work release, work credits, 
education credits, and good conduct credits.

 (b) When a person is charged 
under this subsection for possession of controlled substances, bail shall not 
exceed the amount of the fine and the assessment provided pursuant to Section 
14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged 
under this item for a first offense for possession of controlled substances m