South Carolina Marijuana Laws
South Carolina marijuana laws control the sale, possession, and usage of cannabis products in this state. Compared to other states around the US, marijuana laws in South Carolina are relatively strict and harsh, with high penalties for those who contradict the rules. This guide will cover all you need to know about South Carolina cannabis laws.
Is Marijuana Legal in South Carolina?
Marijuana in South Carolina is on the list of controlled substances, and as of this time, it is not legal to buy, use, or possess even an ounce of marijuana in this state. There are some very strict exceptions for certain patients with epileptic conditions who may be able to access low-THC CBD oil, but the vast majority of the population has no legal access to cannabis products in any form.
Is Medical Marijuana Legal?
No, unlike in various other states, there are no South Carolina medical marijuana laws and medical marijuana is not permitted or approved for sale or usage in this state. The only minor exception to this rule is that some people may access and use CBD oil with low amounts (less than 0.9%) of THC. To access CBD oil in South Carolina, patients must obtain a recommendation from a licensed medical marijuana doctor and be diagnosed with a qualifying medical condition.
Is Recreational Marijuana Legal?
No, recreational usage of cannabis is not permitted in the state of South Carolina.
The History of Marijuana Laws in South Carolina
South Carolina marijuana laws haven’t really changed or evolved much over the years. Like other states, South Carolina outlawed cannabis in the 19th century and has never really changed the status of this plant since then. In 2014, a small change came with the legalization of CBD oil, with the state’s governor, Nikki Haley, signing “Julian’s Law” into action to allow children with epilepsy to receive CBD oil according to their physician’s recommendation. However, all other attempts to legalize cannabis products in any form have not come to fruition.
The latest news regarding the legalization effort or changes to South Carolina marijuana laws came in 2022 when new legislation was proposed to allow for the usage, possession, and sale of marijuana for medical purposes, while other attempts are in the works for legalizing recreational marijuana. Residents are unlikely to see any changes in regard to recreational usage, as this is much harder to pass laws for, but, with 72% of South Carolina residents polling in favor of medical marijuana, there’s a possibility that medical availability might improve in the years ahead.
South Carolina Marijuana Laws
It might be a while until we see marijuana legalized in SC, and this section will look at the specific rules and penalties related to the possession, sale, and growth of cannabis plants.
Possession & Purchase
It is illegal to possess any amount of cannabis in the state of South Carolina. Law enforcement officers can arrest someone for having less than an ounce of marijuana on their person, and they may be charged with a misdemeanor, which carries an initial sentence of up to 30 days in prison or up to a year for repeat offenders. The sale of marijuana is a felony, punishable with large fines and long sentences behind bars.
How Much Can I Buy and Possess?
It is illegal to buy or possess any cannabis in South Carolina.
Where Can I Obtain Cannabis?
Since it’s illegal to buy cannabis in this state, there are no legal dispensaries or retailers.
Who Can Legally Purchase Cannabis in South Carolina?
Nobody can legally buy cannabis in the state of South Carolina.
Home Cultivation
Home cultivation of marijuana plants is illegal in South Carolina.
Reciprocity
There is no reciprocity between South Carolina and other states in regard to medical marijuana laws or programs.
Consumption
South Carolina marijuana law completely bans any consumption of cannabis flower and cannabis products except low-THC oils.
Where Can I Safely Consume Cannabis?
You cannot safely consume cannabis anywhere in this state.
Qualifying Patients
Only patients with epileptic conditions involving seizures can qualify for CBD oil (with low amounts of THC) in South Carolina. There are no other provisions for the medical usage of cannabis-derived products in this state.
Transportation
South Carolina state law forbids any transportation of marijuana in any quantity.
Driving
It is illegal in South Carolina to drive while under the influence of marijuana.
Expungement
As of this time, it’s quite difficult to get marijuana-related crimes expunged from your criminal record. If you’ve only had one offense, courts might be lenient and allow expungement, and they may also make expungement decisions on a case-by-case basis, but this will usually require the involvement of an attorney.
How to Obtain a Medical Card?
Since South Carolina does not have any medical marijuana program, it’s not possible to obtain a South Carolina medical marijuana card at this time.
Overall, we can see that, while other states around the US have softened their stance on cannabis, South Carolina continues to hold out and retain a firm stance on any cannabis consumption or purchase.
