South Carolina H 3804: Fundamental Fairness in College Discipline Act of 2019

Bill Text

2025-2026 Bill 3804 Text of Previous Version (Jan. 28, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3804

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 DECRIMINALIZE POSSESSION OF 
TWENTY-EIGHT GRAMS OR ONE OUNCE OR LESS OF MARIJUANA OR TEN GRAMS OR LESS OF 
HASHISH, AND TO AUTHORIZE LAW ENFORCEMENT TO ISSUE A CIVIL CITATION FOR 
POSSESSION OF THAT SAME QUANTITY OF MARIJUANA OR HASHISH.

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 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 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. For a second or subsequent violation, a person must be issued a 
citation and must be fined not less than two hundred dollars and not more than 
one thousand dollars. A person issued a citation must not be taken into custody 
or arrested for such violation.

 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 may forfeit bail by nonappearance. Upon forfeiture in general 
sessions court, the fine portion of the bail must be distributed as provided in 
Section 14-1-205. The assessment portion of the bail must be distributed as 
provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable.

SECTION 2. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not affect 
pending actions, rights, duties, or liabilities founded thereon, or alter, 
discharge, release or extinguish any penalty, forfeiture, or liability incurred 
under the repealed or amended law, unless the repealed or amended provision 
shall so expressly provide. After the effective date of this act, all laws 
repealed or amended by this act must be taken and treated as remaining in full 
force and effect for the purpose of sustaining any pending or vested right, 
civil action, special proceeding, criminal prosecution, or appeal existing as 
of the effective date of this act, and for the enforcement of rights, duties, 
penalties, forfeitures, and liabilities as they stood under the repealed or 
amended laws.

SECTION 3. This act takes effect upon approval 
by the Governor.

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This web page was last updated on January 28, 2025 at 01:31 PM