The bill H. 3804 aims to amend Section 44-53-370 of the South Carolina Code of Laws to decriminalize the possession of marijuana and hashish. Specifically, it proposes that possession of twenty-eight grams (one ounce) or less of marijuana, or ten grams or less of hashish, will no longer be treated as a criminal offense. Instead, law enforcement will be authorized to issue a civil citation for these amounts, which means individuals will not face arrest but may incur a fine ranging from one hundred to two hundred dollars for a first offense. The bill also outlines provisions for conditional discharge and participation in pretrial intervention programs for those charged with possession.

Additionally, the bill modifies the penalties associated with possession of controlled substances, maintaining that possession of marijuana or hashish in the specified amounts will be classified as a misdemeanor, with potential fines and imprisonment terms for repeat offenders. The language of the bill includes specific amendments to the existing law, such as the removal of certain penalties and the introduction of civil citations for minor possession offenses. The act is set to take effect upon the Governor's approval.

Statutes affected:
01/28/2025: 44-53-370
Latest Version: 44-53-370