Is Weed Legal in South Carolina?

Is weed legal in South Carolina?

South Carolina has not legalized marijuana for either recreational or general medical use; growing, possessing, selling, or distributing cannabis remains a criminal offense under Title 44, Chapter 53 of the state code. Under Julian's Law (2014), people with certain severe forms of epilepsy may use CBD products with no more than 0.9% THC, and a 1980 law set up a state research program to provide marijuana to certified cancer and glaucoma patients. Industrial hemp (0.3% THC or less) is legal and separately licensed by the Department of Agriculture. A federal rule effective April 28, 2026 moved FDA-approved products and state-licensed medical marijuana to Schedule III; other marijuana stays in Schedule I. South Carolina has no state-licensed medical marijuana program, and the 2025-2026 medical cannabis bill (S.53) has not moved past committee.

Official sources S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1 · S. 53 Compassionate Care Act, 126th session status (SC Legislature) 2 · S.C. Code of Laws Title 46, Chapter 55 – Hemp Farming Act 4 · Federal Register 5

Recreational (adult-use) cannabis

Recreational marijuana is illegal in South Carolina. In 2025-2026, a Senate medical cannabis bill (S.53) and two House bills to decriminalize small amounts (H.3110 and H.3804) were filed, but none moved past committee. Possessing, growing, or selling cannabis for personal recreational use carries criminal penalties regardless of amount.

Official sources S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1 · South Carolina Legislature 6 · S. 53 Compassionate Care Act, 126th session status (SC Legislature) 2 · S.C. Legislature, H.3110 (2025-2026) 7 · S.C. Legislature, H.3804 (2025-2026) 8

Medical marijuana program

South Carolina has no comprehensive medical marijuana program, no patient registry, and no dispensaries. Julian's Law (2014) allows qualifying epilepsy patients (Lennox-Gastaut Syndrome, Dravet Syndrome, or other severe refractory epilepsy) to receive CBD oil (at least 98% CBD, no more than 0.9% THC) through FDA-approved clinical trials run by board-certified physicians at academic medical centers. A separate 1980 law set up a state research program to provide marijuana to certified cancer-treatment and glaucoma patients. Julian's Law also lets patients with a South Carolina doctor's written certification for these forms of epilepsy possess CBD products with no more than 0.9% THC and more than 15% CBD.

Official sources S. 53 Compassionate Care Act, 126th session status (SC Legislature) 2 · S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1

Possession limits

South Carolina sets no legal possession amount for marijuana because possession of any amount is a crime. Possessing one ounce (28 grams) or less, or 10 grams or less of hashish, is a misdemeanor on a first offense (up to 30 days in jail or a $100-$200 fine). Having more than one ounce is treated as evidence of intent to distribute, a felony (first offense: up to 5 years in prison, a fine of up to $5,000, or both). There is no recreational or medical marijuana possession allowance. Julian's Law only covers CBD products with no more than 0.9% THC for certain epilepsy patients.

Official source S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1

Buying cannabis

There is no legal retail or dispensary purchase of marijuana in South Carolina for any purpose. Hemp products at or below 0.3% THC, including CBD, may be purchased at ordinary retail without a special license under the Hemp Farming Act. Julian's Law covers CBD for certain epilepsy patients with a doctor's written certification and FDA-approved clinical trials at academic medical centers; it does not set up any licensed sales.

Official source S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1

Growing cannabis at home

Home cultivation of marijuana is not permitted for any purpose, recreational or medical, in South Carolina. Growing any amount counts as manufacturing a controlled substance, a felony (first offense: up to 5 years in prison, a fine of up to $5,000, or both). 100 or more plants counts as trafficking, with a mandatory sentence of at least 25 years. Caregivers may not grow cannabis for patients either, since no home-grow allowance exists for anyone.

Official source S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1

Penalties

Cannabis possession is not decriminalized in South Carolina. Possessing 1 ounce or less is a misdemeanor (up to 30 days in jail or a $100-$200 fine); larger amounts, cultivation, and distribution are felonies. Trafficking 10,000 pounds or 10,000 plants or more carries 25 to 30 years (25 mandatory) and a $200,000 fine. Selling within a half-mile of a school, park, or college is a separate felony (up to 10 years, a $10,000 fine, or both), and selling to someone under 18 carries extra penalties. Marijuana DUI is prosecuted under the state's general impairment-based DUI law, with no numeric THC limit; a first offense carries a $400 fine or 48 hours to 30 days in jail. First-time possession offenders may qualify for conditional discharge and later expungement.

Official sources S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1 · Code of Laws – Title 56 – Chapter 5- – MOTOR VEHICLES 3

Product rules: CBD, delta-8 and hemp

No recreational or medical marijuana products are legally sold in South Carolina. Hemp products (0.3% THC or less), including CBD topicals and foods, may be sold at ordinary retail with no cannabis-specific state label or packaging law identified. Julian's Law lets certain epilepsy patients use CBD products with no more than 0.9% THC; it does not create retail sales. A 2021 Attorney General opinion, written for the State Law Enforcement Division, says the Hemp Farming Act did not legalize delta-8 THC or other THC isomers. A bill to regulate hemp-derived THC products (H.3924, filed in 2025) was not enacted; the House rejected the final conference version on June 25, 2026.

Federal hemp change: from December 11, 2026 the federal definition of hemp counts total THC, including THCA, and final hemp products with more than 0.4 mg of total THC per container are no longer hemp; products with cannabinoids the plant cannot naturally produce stop counting as hemp on November 12, 2026. What changes, state by state (P.L. 119-37 § 781; P.L. 119-103 § 2019).

Official sources S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1 · S.C. Code of Laws Title 46, Chapter 55 – Hemp Farming Act 4 · South Carolina Attorney General (PDF: 02729616.pdf) 9 · S.C. Legislature, H.3924 (2025-2026) Hemp-derived ingestible 10

Cannabis taxes

South Carolina has no cannabis excise tax, cannabis sales tax, cultivation tax, or medical cannabis tax because commercial marijuana sales are illegal statewide and no such program has been enacted.

Official sources S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1 · S. 53 Compassionate Care Act, 126th session status (SC Legislature) 2

Cannabis business licensing

South Carolina licenses no marijuana cultivation, processing, or retail businesses because commercial cannabis sales remain illegal statewide. The Department of Agriculture licenses hemp cultivation, handling, and processing separately under the Hemp Farming Act, requiring a criminal background check, state residency, and per-location fees (for example a $1,500 processor permit fee); hemp is treated as an ordinary agricultural commodity, not a controlled substance.

Official source S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1

Visiting South Carolina?

• Buying as a visitor: Recreational sales are not legal in South Carolina.
• Out-of-state medical cards and visiting patients: South Carolina has no medical cannabis program and no way to recognize out-of-state cards; Julian's Law only lets patients with a South Carolina doctor's written certification for certain severe epilepsy possess CBD products with no more than 0.9% THC.
• Federal land and airports: cannabis remains illegal in national parks and on other federal land even in states where it is legal, and TSA refers any illegal substance found at airport screening to law enforcement. Do not cross state lines with cannabis.

Official sources S. 53 Compassionate Care Act, 126th session status (SC Legislature) 2 · S.C. Code of Laws Title 44, Chapter 53 – Controlled Substances (marijuana penalties and Julian's Law) 1 · National Park Service, Shenandoah NP Alcohol and Drug Policy 11 · TSA: What Can I Bring? Medical Marijuana 12

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