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Bill > H3804


SC H3804

SC H3804
Marijuana Decriminalization


summary

Introduced
01/28/2025
In Committee
01/28/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 44-53-370, Relating To Controlled Substance Offenses And Penalties, So As To Decriminalize Possession Of Twenty-eight Grams Or One Ounce Or Less Of Marijuana Or Ten Grams Or Less Of Hashish, And To Authorize Law Enforcement To Issue A Civil Citation For Possession Of That Same Quantity Of Marijuana Or Hashish.

AI Summary

This bill proposes to decriminalize possession of small amounts of marijuana and hashish in South Carolina by modifying existing controlled substance laws. Specifically, for first-time offenders possessing 28 grams (one ounce) or less of marijuana or 10 grams or less of hashish, the bill allows law enforcement to issue a civil citation instead of making an arrest. Instead of potential jail time, offenders would face a fine between $100 and $200, and they would not be taken into custody for this offense. The bill maintains provisions for potential drug abuse program attendance and eligibility for pretrial intervention programs. For second or subsequent offenses, the penalties increase to fines between $200 and $1,000, but the individual still cannot be arrested. The legislation aims to reduce the criminal penalties associated with small-scale marijuana possession, shifting the approach from criminal prosecution to a civil citation model. The bill would take effect upon the Governor's approval, and it preserves existing legal rights and pending actions related to previous marijuana possession charges.

Committee Categories

Justice

Sponsors (3)

Last Action

Referred to Committee on Judiciary (on 01/28/2025)

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