Key Takeaways
- Cannabis is illegal for both recreational and medical use in South Carolina.
- If you’re caught with under an ounce of cannabis, you can get up to 30 days in jail and a $200 fine in the first instance, increasingly sharply for larger amounts or subsequent offenses.
- The only form of legal weed in South Carolina is delta-8 THC and other products legalized as part of the state’s hemp law.
Weed is not legal in South Carolina, and even medical marijuana is only allowed in very specific situations.
The only truly legal products are those that the federal-level Farm Bill applies to, meaning hemp products with less than 0.3% delta-9 THC.
On top of this, punishments can be pretty harsh, even if you’re only caught with something like a pipe. Here’s what you need to know about South Carolina weed laws.
South Carolina Cannabis Laws
Weed is not legal in the state, with no South Carolina recreational weed law and only a very limited medical program. Products falling under the Farm Bill are the only legal options.
Recreational Cannabis Laws in South Carolina
Recreational weed is not legal in South Carolina. The state’s view of the drug is pretty much in line with the federal government’s, so cannabis receives no leniency or special treatment under state law.
Penalties for Possession
With no recreational weed law, South Carolina has pretty harsh penalties if you’re caught with pot:
- Being caught with under one ounce of marijuana flower is a misdemeanor, with a penalty of up to 30 days in jail and a fine of up to $200. The punishment for 10 g or less of concentrate is the same.
- Second convictions are also considered misdemeanors, punishable by up to one year in prison and a fine of up to $1,000.
- If you have more than an ounce (or more than 10 g of concentrate), the state assumes intent to distribute and the offense is considered a felony, with a fine of up to $5,000 and up to five years in prison in the first instance. It doubles for a second conviction, to up to 10 years and $10,000 fine maximum, and again for subsequent offense, to between 5 and 20 years in prison and up to $20,000 in fines.
- Possession of paraphernalia like pipes or bongs can result in a civil citation, with a fine of up to $500.
Medical Marijuana Laws in South Carolina
Medical marijuana is technically legal in South Carolina but it’s severely restricted, so only low-THC/high-CBD oil is legal, with a limit of 0.9% THC for approved medical patients.
There have been efforts to change the law – and 83% of South Carolinians support legalizing medical marijuana – but so far none have been successful.
Medical Marijuana Patient Possession Limits
Medical marijuana in South Carolina is explicitly limited to people suffering from rare childhood seizure disorders – it’s even called Julian’s law (SB 1035) after a well-known case – and only includes CBD products with less than 0.9% THC.
As such, there are no real patient possession limits, because you can only have an oil or similar product as specifically prescribed by your doctor.
How to Get a Medical Marijuana Card in South Carolina?
There is no “medical marijuana card” in South Carolina: you just need to get a written certification from a physician licensed in the state that you have one of the qualifying conditions.
The list of qualifying conditions is unfortunately pretty small, though:
- Dravet Syndrome
- Lennox-Gastaut Syndrome
- Any other severe form of epilepsy not adequately treated by traditional medicine
Unfortunately, the bill didn’t include anything about setting up dispensaries in the state or other legal ways to obtain such products.
Can You Consume in Public?
With cannabis not being legal in the state, you can’t consume it in public and you would be charged with possession.
However, if you have a legal hemp product or a certification from a doctor for CBD oil, you can consume this in public without issues.
Can You Drive Under the Influence?
Driving under the influence of marijuana is illegal under South Carolina law.
There isn’t a specific cut-off in the same way there is with alcohol: driving with any THC in your system is breaking the law.
The state also has an implied consent law, so by driving in the state you’re considered to have already consented to blood, breath, or urine tests for a DUI. If you don’t do this, your license will be suspended for at least 6 months.
The punishments for DUIs in South Carolina depend on how many offenses you have, but in all cases you’ll have to complete an alcohol and drug safety program.
- For a first offense, you’ll receive a fine of $400 or a jail sentence ranging from 48 hours to 30 days, or a minimum of 48 hours community service.
- For a second offense (within 5 years), the fine increases to between $2,100 and $5,100 and the accompanying jail sentences can range from 5 days to a year.
- For a third offense, the fine is between $3,800 and $6,300 and the jail sentence is between 60 days and three years.
- For fourth and subsequent offenses, you’ll receive between one and five years in prison.
Is Delta-8 THC Legal in South Carolina?
Perhaps surprisingly, delta-8 THC is legal in South Carolina.
The reason for this is the same as in many other states: the state-level version of the 2018 Farm Bill.
South Carolina’s hemp bill is HB 3449, and it uses the same language as the Farm Bill, effectively meaning that any cannabis plant containing less than 0.3% delta-9 THC is hemp, including any derivatives or extracts from it.
Without introducing more specific requirements, delta-8 THC products are legal provided the delta-9 THC levels are low enough.
RELATED: Delta-8 THC Laws Explained
Is Weed Decriminalized in South Carolina?
Weed is not decriminalized in South Carolina.
There have been efforts to decriminalize possession of up to one ounce, intending to impose a $100 to $200 fine instead of the current penalty (which may include jail time), but these have been unsuccessful to date.
Is Growing Weed Legal in South Carolina?
Growing weed is not legal in South Carolina, and punishments for cultivation are actually pretty severe.
The lowest classification is “less than 100 plants,” which covers everyone from the lonely stoner just looking to avoid going through street dealers to the street dealer themselves.
So the punishments for growing reflect that:
- Having less than 100 plants is a felony, carrying a punishment of up to 5 years in prison and a maximum fine of $5,000.
- Having between 100 and 1,000 plants increases the jail time to a mandatory minimum of 25 years and a fine of up to $25,000. More plants increases the fine, up to $200,000 for over 10,000 plants.
When Will Weed Be Legal in South Carolina? The Future Outlook
The future outlook for cannabis legalization in South Carolina is a little bleak when it comes to recreational use, but more promising for medical use.
The best example of why this is comes from the story of Republican Senator Tom Davis’ years-long effort to pass a medical marijuana bill for South Carolina residents.
The South Carolina Compassionate Care Act was first filed way back in 2020 by Davis, who often referred to the legislation as “the most conservative medical cannabis bill in the country.”
The bill was prevented from progressing in 2021 by a single senator. Davis has been fighting this issue for some time, and has collected a binder full of evidence on the issue since 2014. He commented that he intended to “take on every single argument that has been raised in opposition to this bill, and I’m going to show that they cannot stand in the way of facts and evidence.”
It was ultimately rejected on procedural grounds in 2022. Davis didn’t give up, though, but his attempt in 2024 was passed by the Senate but never progressed beyond the House committee stage because there wasn’t sufficient time left in the legislative session to get a vote in the House.
He said in early May, “It got passed out, I think, the first or second week in February to get it over to them in time. And, so, they’ve had over two months, and it’s just been sitting in committee. And, look, that is frustrating.”
This is just one example, but it clearly illustrates the sort of opposition the South Carolina legislature puts up when faced with pro-cannabis bills.
Despite a very restrictive proposal and a republican senator – not to mention affected citizens – fighting tooth and nail to push it through, it has gotten caught up in political nit-picking and unjustified delays in each attempt.
Now imagine how they’d respond to a South Carolina weed legalization proposal. It will probably be legal at the federal level before that situation changes. Tom Davis will undoubtedly continue fighting for his medical bill, though, and we can only hope that he succeeds next year.
Conclusion
South Carolina’s weed laws are some of the most restrictive in the country, with essentially no medical program and adult-use legalization still being a pretty far-off fantasy.
Many push for decriminalization, but the bills stall just after getting out of the gate, and despite continued effort, the move towards a full medical program is progressing frustratingly slowly.
The only positive point about state law for cannabis users is the state’s hemp law, which follows the Farm Bill closely and allows things like delta-8 in the state.