South Carolina Marijuana Laws
South Carolina marijuana laws make it a crime to buy, sell, grow or possess marijuana, with narrow room for CBD and hemp. South Carolina has no medical card or adult-use program, a first ounce can bring up to 30 days in jail, and 10 pounds or more is trafficking. This guide covers each rule with its code section.
Is Marijuana Legal in South Carolina?
No. Marijuana is a controlled substance under South Carolina law, and it is not legal to buy, use or possess even an ounce of it. There is a narrow exception for patients with severe epilepsy who use low-THC CBD, and hemp products with 0.3% delta-9 THC or less are not marijuana; there is no medical marijuana card program.
Is Medical Marijuana Legal?
No, unlike many other states, South Carolina has no medical marijuana card program, and medical marijuana is not permitted or approved for sale in this state. One exception covers CBD with 0.9% THC or less and more than 15% CBD. To use it, a patient needs a written certification from a physician licensed in South Carolina for severe epilepsy; no medical marijuana doctor can certify a patient for a card.
Is Recreational Marijuana Legal?
No, recreational use of marijuana is not permitted in the state of South Carolina.
The History of Marijuana Laws in South Carolina
Marijuana itself has stayed illegal in South Carolina, while CBD (2014) and hemp (2019) were carved out of its definition. Marijuana sits in Schedule I of the state’s own controlled substances schedules, listed with the hallucinogenic substances in S.C. Code section 44-53-190. Since April 28, 2026, federal Schedule III covers marijuana only in FDA-approved products or under a state medical marijuana license, which South Carolina does not issue; all other marijuana stays in federal Schedule I, and marijuana remains a federally controlled substance either way (91 FR 22714). In 2014, S. 1035 (Act No. 221, signed June 2, 2014) let patients with Lennox-Gastaut syndrome, Dravet syndrome or other severe epilepsy use cannabidiol with a physician’s written certification, and its Julian’s Law article allowed FDA expanded-access CBD trials. The 2019 Hemp Farming Act (H. 3449, Act No. 14) then took hemp products with 0.3% delta-9 THC or less out of the marijuana definition; no medical cannabis bill has become law since.
The latest effort is S. 53, the 2025 Compassionate Care Act, sent to the Senate Medical Affairs Committee on January 14, 2025 with no action since; earlier versions passed the Senate in 2022 and 2024 but not the House. House bills to decriminalize small amounts (H. 3804, H. 3110) and a veterans’ PTSD bill (H. 3018) went to the House Judiciary Committee in January 2025 and have not moved.
South Carolina Marijuana Laws and Penalties
This section covers the rules and penalties for possessing, selling and growing marijuana in South Carolina, with the code section for each.
Possession & Purchase
It is illegal to possess any amount of marijuana in the state of South Carolina. A first offense for an ounce (28 grams) or less is a misdemeanor with up to 30 days or a $100 to $200 fine; a repeat offense brings up to 1 year or a $200 to $1,000 fine, or both. Selling marijuana is a felony with up to 5 years or a $5,000 fine, or both, for a first offense, and 10 pounds or more is trafficking with at least 1 year.
How Much Can I Buy and Possess?
It is illegal to buy or possess marijuana in South Carolina; hemp products and qualifying CBD are not marijuana under state law.
Where Can I Obtain Cannabis?
Since it’s illegal to buy marijuana in this state, there are no legal dispensaries; stores may sell only hemp products.
Who Can Legally Purchase Cannabis in South Carolina?
Nobody can legally buy marijuana in the state of South Carolina.
Home Cultivation
Home cultivation of marijuana plants is illegal in South Carolina.
Reciprocity
None. South Carolina law makes no exception for a medical marijuana card from another state, so an out-of-state card does not protect against a possession charge.
Consumption
South Carolina marijuana law bans using marijuana in any form; qualifying CBD for severe epilepsy and hemp products fall outside that ban.
Where Can I Safely Consume Cannabis?
You cannot legally consume marijuana anywhere in this state.
Qualifying Patients
Only patients with Lennox-Gastaut syndrome, Dravet syndrome or other severe epilepsy can qualify for low-THC CBD in South Carolina. A 1980 therapeutic research act for cancer and glaucoma patients is still in the Code, and S. 53 would repeal it.
Transportation
Carrying any amount of marijuana is possession under section 44-53-370, and bringing 10 pounds or more into the state is trafficking.
Driving
It is illegal in South Carolina to drive while marijuana materially and appreciably impairs you; a first DUI brings a $400 fine or 48 hours to 30 days (section 56-5-2930).
Expungement
A first offender with no prior drug conviction may get conditional discharge under section 44-53-450; once the court dismisses the case, the person may apply for an order expunging the arrest and charge records. The conditional discharge fee is $350 in general sessions court or $150 in summary court.
How to Obtain a Medical Card?
Since South Carolina has no medical marijuana card program, it’s not possible to obtain a South Carolina medical marijuana card at this time.
Overall, South Carolina’s own drug schedules still list marijuana in Schedule I, and the two Compassionate Care Act bills the Senate passed have not changed that.
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