Delta 8 and other hemp derived products are sold everywhere now. Gas stations, smoke shops, craft beer stores and more. The state of South Carolina continues to internally debate the legality of these substances, with some counties going as far to arrest and threaten to arrest businesses who sell these products and the Department of Social Services threatening to take people’s children for having them in the house. Do you need a lawyer if you are arrested or threatened with arrest for possession of hemp derived products? Five questions to ask yourself before proceeding on your own are:
- Am I facing jail time? This answer is YES in every case. The state will charge you with marijuana related charges in these cases since there is no statute for this kind of offense. Even the lowest level of marijuana possession in South Carolina carries the potential of active time in jail. A lawyer can help you navigate all of this. Penalties for marijuana possession in South Carolina are as follows:
Possession of Marijuana, Less Than One Ounce, First Offense – 0 – 30 days and/or a fine of between $100 – $200.
Possession of Marijuana, Less Than One Ounce, Second Offense – 0 – 1 year and/or a fine between $200 – $1000.
Possession With The Intent to Distribute Marijuana, First Offense – 0 – 5 years and/or a fine up to $5000.
Possession With The Intent to Distribute Marijuana, Second Offense – 0 – 10 years and/or a fine up to $10,000.
Possession With The Intent to Distribute Marijuana, Third Offense – 5 – 20 years and/or a fine up to $20,000.
- Can I go to a diversion program? Some individuals may qualify to go to a diversion program that allows you to complete classes and then have the charge expunged off your record. These programs are not always publicized by the prosecutor’s office. You need to know who to talk to and how to ask. You also have to understand the expungement process that must be completed to remove the arrest from your record once you finish the program. The right lawyer can handle all of this for you.
- I’ll just tell them it’s not marijuana and this will get dismissed, right? This is NOT true in most jurisdictions. Many law enforcement agencies and prosecutor’s offices are looking for an opportunity to test the law in this area as to hemp derived products. Your defense has to be a lot more than “I bought this at the CBD store and they said it wasn’t weed.” A lawyer can help you determine what, if any, defenses you may have under the law and guide you through any additional steps that might need to be taken to show the prosecution can’t make their case.
Still have questions? Concerned about proceeding on your own? Call us at KD Trial Lawyers and our experienced criminal defense attorneys can talk to you about the specific issues in your case. You don’t have to go it alone. We can help. Contact Criminal Defense Attorney, Jennifer Wells today.
Cell Phone: 864.585.5100
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