Accused of Marijuana Possession?
South Carolina has strict laws against marijuana possession, which can lead to fines, jail time, and a lasting criminal record. Whether it’s your first offense or you’ve faced similar charges before, having an experienced attorney on your side can make all the difference.
Understanding Marijuana Possession Laws in South Carolina
South Carolina takes marijuana possession seriously, with penalties based on the amount involved and the intent. Here’s what you need to know:
Simple Possession:
- Possessing 28 grams (1 ounce) or less of marijuana for personal use is a misdemeanor.
- Penalties for a first offense include up to 30 days in jail and a fine of up to $200.
- A second offense can result in up to 1 year in jail and fines up to $1,000.
Possession with Intent to Distribute:
- Possession of more than 1 ounce or evidence suggesting an intent to distribute (e.g., baggies, scales) can result in felony charges.
- Penalties include up to 5 years in prison and fines up to $5,000.
A conviction can affect your future, including job opportunities, housing, and more. That’s why having the right attorney is critical.
Defending Against Marijuana Possession Charges
At Barboza Law, we take a tailored approach to every case, exploring all possible defenses to protect you. These may include:
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights, we’ll work to have the evidence dismissed.
- Lack of Possession: We’ll argue the marijuana didn’t belong to you or was found in a shared space with multiple people.
- Insufficient Evidence: If the prosecution’s case is weak, we’ll challenge their ability to prove possession beyond a reasonable doubt.
- Procedural Errors: Mistakes by law enforcement during your arrest or the handling of evidence can weaken the case against you.
Our goal is to uncover every possible weakness in the prosecution’s case and fight for reduced charges, alternative penalties, or dismissal.
What Happens if You Represent Yourself or Use a Public Defender?
Choosing to represent yourself or rely on a public defender can be risky when facing marijuana possession charges. Here’s why:
- Lack of Expertise: Marijuana laws in South Carolina are complex. Without a strong understanding of the law and legal procedures, you may miss key defenses or opportunities to challenge the case against you.
- Minimal Attention: Public defenders often handle large caseloads, meaning they may not have the time or resources to dedicate to your case.
- Harsher Penalties: Without experienced legal representation, prosecutors may push for maximum penalties, knowing you lack the expertise to negotiate effectively.
- Missed Evidence Issues: A skilled attorney can identify flaws in the prosecution’s evidence, such as illegal searches or procedural errors—something you or a public defender may overlook.
At Barboza Law, we provide personalized attention, in-depth knowledge, and a dedicated approach to ensure your rights are fully protected.
Don’t Let Marijuana Charges Define Your Future, Contact Barboza Law Today
Barboza Law is here to provide the strong legal representation you need to protect your rights and future, schedule a consultation now. With Barboza Law by your side, you’ll have an experienced team fighting for your best interests every step of the way.
