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. The bill outlines that individuals found in violation of this provision may face a fine ranging from one hundred to two hundred dollars, rather than imprisonment, although a misdemeanor charge may still apply.

Additionally, the bill includes provisions for conditional discharge and participation in pretrial intervention programs for those charged with possession of marijuana or hashish. For repeat offenders, the penalties are more severe, with fines ranging from two hundred to one thousand dollars, but they will still be issued citations rather than being arrested. The bill emphasizes that individuals charged under this new framework will not be taken into custody for these violations, and it clarifies that the changes will not affect any pending legal actions or liabilities related to the previous laws. The act will take effect upon the Governor's approval.

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