Is Marijuana Legal in South Carolina?

Marijuana is illegal in South Carolina for both medical and recreational purposes. There have been attempts by local politicians to legalize medical cannabis, but these efforts have so far fallen short. The state does allow CBD to be used to treat some diseases resulting in seizures.

Medical Marijuana Laws in South Carolina

There is no form of legally recognized marijuana use in South Carolina. Whether someone is using cannabis to treat a medical condition or for recreation, possession and cannabis use are still taken seriously by law enforcement.

Penalties are based on both the amount of cannabis found in an individual’s possession as well as whether or not it is their first time being caught with marijuana or other drugs. If caught with less than 1 ounce of cannabis on a first-time offense, there is a maximum fine of $200 and up to 30 days in jail. If caught with less than 1 ounce of cannabis on subsequent occasions, penalties can result in up to one year in prison and a fine of up to $2,000.

Being caught with more than 1 ounce of cannabis is a felony, regardless of whether or not it is a person’s first time being arrested for possession. Someone caught with more than 1 ounce of cannabis on a first offense can face up to five years in prison while being caught on multiple occasions could lead to a sentence of up to 20 years of incarceration.

CBD and Delta-8 Laws

CBD is legal in South Carolina as long as it is hemp-derived and contains less than 0.3% THC. Additionally, while there is no medical marijuana in South Carolina, there is medical CBD. In 2014, the state legislature voted to allow patients with certain forms of epilepsy and similar conditions that create seizures to use low-THC cannabidiol oil.

Hemp-derived cannabis products like delta-8 exist in a legal gray area in South Carolina. State Attorney General Alan Wilson suggested in a 2021 memo that he believes delta-8 and other hemp-derived cannabinoids are not covered under the 2018 Farm Bill and should be considered illegal. Now that police have begun to raid shops selling delta-8 cannabis, it could only be a matter of time before delta-8 is officially banned in the state.

Can You Grow Cannabis In South Carolina?

No, you cannot grow cannabis in South Carolina. The cultivation of any cannabis plants is considered a felony. Cultivation of anywhere from one to 99 cannabis plants can result in five years in prison and a fine of up to $5,000

The Bottom Line

Cannabis is illegal in South Carolina, and penalties can be severe. The state allows CBD to be used medicinally to treat seizures and related conditions. Delta-8 and other forms of hemp-derived cannabis can currently be bought around the state but have faced scrutiny from law enforcement and state prosecution officials.