City of North Charleston v. Harper

Harwell, Justice:

The question is whether the circuit judge erred in striking a city ordinance that imposed a mandatory thirty day sentence on any person found to be knowingly in possession of less than twenty-eight grams of marijuana or ten grams of hashish on the grounds that the ordinance was unconstitutional and that it conflicted with state law. We affirm.

I. FACTS

Clarence B. Harper (Harper) was arrested for simple possession of marijuana in contravention of North Charleston City Code § 13-3. City Code § 13-3 provides for a mandatory thirty day sentence for those found guilty under the…