The bill H. 3804 aims to amend Section 44-53-370 of the South Carolina Code of Laws to decriminalize the possession of up to twenty-eight grams (one ounce) of marijuana and ten grams of hashish. Under the proposed changes, individuals found in possession of these amounts would no longer face criminal charges but could instead receive a civil citation. The bill specifies that a first offense would result in a fine ranging from one hundred to two hundred dollars, with the possibility of conditional discharge and attendance at a drug abuse program. For subsequent offenses, the penalties would increase, but individuals would still be issued citations rather than being arrested.

Additionally, the bill clarifies that individuals charged with possession of marijuana or hashish would not be taken into custody for such violations. It also outlines that bail for these offenses should not exceed the amount of the fine, and provisions are made for the distribution of bail funds. The act is set to take effect upon the Governor's approval, ensuring that any pending actions or rights under the current law remain intact despite the amendments.

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