South Carolina H 3110: Marijuana

Bill Text

2025-2026 Bill 3110 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3110

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 
SECTIONS 44-53-370, 44-53-375, AND 44-53-450, ALL RELATING TO CONTROLLED 
SUBSTANCE OFFENSES AND PENALTIES, SO AS TO DECRIMINALIZE POSSESSION OF 
TWENTY-EIGHT GRAMS OR ONE OUNCE OR LESS OF MARIJUANA OR TEN GRAMS OR LESS OF 
HASHISH AND AUTHORIZE LAW ENFORCEMENT TO ISSUE A CIVIL CITATION FOR POSSESSION 
OF THAT SAME QUANTITY OF MARIJUANA OR HASHISH; TO DECREASE PENALTIES FOR FIRST 
OFFENSE POSSESSION OF LESS THAN ONE GRAM OF METHAMPHETAMINE OR COCAINE BASE AND 
REQUIRE COMPLETION OF A DRUG TREATMENT OR REHABILITATION PROGRAM AS PART OF THE 
SENTENCE; AND TO REQUIRE THE COURT TO PLACE PERSONS ON PROBATION WHO ARE GUILTY 
OF A FIRST OFFENSE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES.

Whereas, nationwide, 
more than 1.25 million people are arrested for drug possession each year; and

Whereas, in South 
Carolina alone, an average of sixty-five people are arrested every day on 
possession charges; and

Whereas, in 2007, marijuana 
possession arrests accounted for ninety-one percent of all marijuana-related 
arrests in South Carolina; and

Whereas, South Carolina 
is ranked fifth in the nation for violent crimes and these marijuana possession 
arrests are made at the expense of preventing and solving violent crimes; and

Whereas, many sit in 
jail for months because they cannot raise bail money, or they plead guilty just 
to be able to go home to their families; and

Whereas, many are 
forced to take harsh plea deals because prosecutors threaten even longer 
sentences if they exercise their rights by filing motions or going to trial, 
and courts would not be able to facilitate the increased number of judicial 
proceedings; and

Whereas, being caught 
with just a few grams of any control substance, or sometimes trace amounts of 
drugs, leads to crushing criminal justice debt from fines, court costs, and 
legal fees; and

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

Whereas, according to a 
report by Human Rights Watch, South Carolina ranks sixth in the United States 
for the ratio of citizens arrested for drug possession (575 arrests per 100,000 
population); and

Whereas, in 2017, the 
cost of incarceration to the South Carolina Department of Corrections, based on 
all funds spent, is $20,925 annually, equaling $57.33 per day; and

Whereas, the average 
cost of a visit to an outpatient rehabilitation facility ranges from $17.78 to 
$26.72 per day; and

Whereas, when comparing 
the cost of treatment versus incarceration nationally, every dollar spent on 
prevention and treatment saves seven dollars in societal costs. 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) 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 
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 ormay be 
issued a citation and must be fined not less than one hundred dollars norand not 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 Sections 17-22-10 through 
17-22-160. For a second or subsequent offense, the offender is guilty of a 
misdemeanor