An individual who manufactures, distributes, dispenses, delivers, purchases, aids, abets, attempts to, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with the intent to manufacture, distribute, dispense, deliver, or purchase marijuana, in a manner intended to disguise the marijuana due to its proximity to industrial hemp, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years, fined not more than three thousand dollars, or both. The penalty provided for in this section may be imposed in addition to any other penalties provided by law.

HISTORY: 2014 Act No. 216 (S.839), Section 2, eff June 2, 2014. Formerly Section 46-55-40, renumbered and amended by 2017 Act No. 37 (H.3559), Section 1, eff May 10, 2017. HISTORY: 2019 Act No. 14 (H.3449), Section 1, eff March 28, 2019.

Editor's Note

2019 Act No. 14, Section 3, provides as follows:

"SECTION 3. (A) The forty 2019 licenses issued pursuant to Chapter 55, Title 46 prior to the effective date of this act shall be valid for the term of the licenses, under the terms and conditions under which the licenses were issued, except that, upon the approval of the South Carolina Department of Agriculture, each licensee may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes.

"(B) Notwithstanding the provisions of Section 46-55-20(B)(3), as amended by this act, as of the date licenses were issued for 2019, the South Carolina Department of Agriculture may issue additional licenses for 2019 to any applicant that met the licensing criteria but was denied solely because the department had already issued the legally permitted number of licenses for the year. Licenses issued pursuant to this subsection shall be for the same term, and under the same terms and conditions, under which the forty licenses identified in subsection (A) were issued. Licensees pursuant to this subsection also may expand operations beyond the forty-acre limit and may cultivate hemp for commercial purposes upon the approval of the South Carolina Department of Agriculture.

"(C) The law under which licenses are issued shall be in full force and effect for those licenses during the term of the licenses."

Effect of Amendment

2017 Act No. 37, Section 1, reenacted former Section 46-55-40 as Section 46-55-60 and in the first sentence, inserted "or" before the first instance of "purchase", and deleted "on property used for industrial hemp production, or" following "purchase marijuana".

2019 Act No. 14, Section 1, in the first sentence, substituted "attempts to" for "attempts" and "not more than three years, fined" for "not more than three years or fined".