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 have the authority to issue a civil citation for these amounts, which represents a significant shift in how such offenses are handled. The bill also outlines penalties for violations, including fines ranging from one hundred to two hundred dollars for first-time offenders, and establishes provisions for conditional discharge and participation in drug abuse programs.

Additionally, the bill clarifies that individuals charged with possession of marijuana or hashish will not be taken into custody or arrested for such violations, further emphasizing the decriminalization aspect. It maintains that for second or subsequent offenses, individuals may still face fines and potential imprisonment, but the overall approach is to reduce the criminal penalties associated with minor marijuana possession. The act will take effect upon the Governor's approval, signaling a potential change in the legal landscape regarding marijuana use in South Carolina.

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