The state of South Carolina is still not yet liberalizing its laws on the recreational use of marijuana. Hence, if you intend to use marijuana in South Carolina, you better think twice, for you may be charged with an offense. Moreover, the medical use of marijuana is also prohibited in the state saved for the use of low-THC CBD oil which is allowed for severe cases of epilepsy.
Medical Marijuana Laws of South Carolina
The medical use of marijuana in the state of South Carolina is very restrictive. It was only in June 2014 when Governor Nikki Haley signed the Senate Bill 1035 into law. This law, also known as Julian’s Law, allowed the use of CBD oil provided that a licensed physician recommends it.
The year 2017 marked the passing of the Bill S 212, a bill that proposes the creation of South Carolina Compassionate Act. This bill, if approved, would direct the creation of a registry that would provide the identification cards for qualifying patients. It also delineates the severe debilitating medical conditions that could qualify for the program.
Drug Possession Law of Marijuana
South Carolina prohibits the personal use of marijuana and it will be advantageous if you know the following punishments and penalties concomitant with the any violation of the state law on marijuana:
- If you are caught with 1 oz of marijuana or less, you will be charged with misdemeanor, plus 30 days of imprisonment, and up to $200 fine. Subsequent offense of the same nature entails a misdemeanor with maximum fine of $2,000.
- If you are caught selling or trafficking marijuana of less than 10 lbs, you will be charged with felony, 5 years of imprisonment, and up to $5,000 fine. For second offense, you will be charged with felony, 1 to 10 years of imprisonment, and maximum fine of $10,000. For third offense of the same nature, you will be charged with felony, 5 to 20 years of imprisonment, plus up to $25,000 fine.
- If you are caught with 100 to 2,000 lbs, you will be charged with felony, 25 years of imprisonment, and $25,000 maximum fine.
- If you are caught with 2,000 to 10,000 lbs, you will be charged with felony, 25 years of imprisonment, and maximum fine of $50,000.
Your offense will be further aggravated by factors like selling marijuana within 1/2 mile of schools, and if you are selling to a minor, you will be charged with felony, 10 years of imprisonment, and up to $10,000 fine.
Cultivation of marijuana also entails accompanying punishments and penalties such as the following:
- If you are cultivating less than 100 plants, you will be charged with felony, 5 years of imprisonment, and up to $5,000 fine.
- If you cultivate 100 to 1,000 plants, you will be charged with felony, 25 years of imprisonment, and up to $25,000 fine.
- If you cultivate 1,000 to 10,000 plants, you will be charged with felony, 25 years of imprisonment, and $50,000 maximum fine.
- If you cultivate more than 10,000 plants, you will be charged with felony, 25 years of imprisonment, and up to $200,000 fine.
Can Employers Require their Employees and Applicants to Undergo Drug Tests?
The state of South Carolina promotes drug-free workplace; therefore, it does not restrict drug testing in the workplace. Employers can require their applicants and employees to undergo drug tests under certain statutory conditions such as the following:
- The employers provide their applicants and employees a copy of their drug testing policy. This copy likewise should be posted along areas that are visible to the employees within the workplace.
- Employers can require a drug test on an employee based on a reasonable suspicion of the use of drug by an employee while at work.
- If there was an accident that caused injury, damage to property, and death within the workplace.
- The results of drug tests should be considered confidential.
- Employees and applicants could ask for confirmatory tests that should be shouldered by employers.
- Employers should pay for the drug tests likewise.
- Employers can require random drug tests for employees who are working in safety-sensitive positions. Similarly, employers can ask applicants to take drug tests if they are already given conditional job offers for a safety-sensitive positions.
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