South Carolina Marijuana Laws

Legalized marijuana is becoming commonplace for most Americans — more than 38 states allow access to some form of legal cannabis. But this isn’t the case in South Carolina, where all use of marijuana is illegal. There is no medical marijuana program, no adult-use recreational cannabis use, and stiff penalties in place for offenders. 

Possessing any amount of marijuana in South Carolina can land you on the wrong side of law enforcement. With that in mind, this article will go over how the state’s cannabis laws work and what you’re risking with marijuana possession. The attempts for the legalization of medical marijuana will be examined, along with the few underwhelming options for compassionate relief available. 

South Carolina Criminal Penalties for Marijuana

Across the state, the possession and sale of marijuana remains illegal. There is no such thing as legal medical or recreational use of marijuana in South Carolina. Selling any amount of marijuana in the state is a felony, punishable by up to life in prison, depending on factors like:

• The amount of marijuana
• The location of the sale
• The defendant’s criminal history 

South Carolina considers cannabis to be a Schedule I drug. This means that, in the state’s view, it has no medical value and a high risk for abuse. This mirrors the current classification under federal law by the Controlled Substances Act (CSA). 

Possession

Possession of up to an ounce of marijuana is a misdemeanor that carries a fine of up to $200 and up to 30 days in jail. First-time offenders may qualify for a pretrial intervention program that involves drug treatment and rehabilitation. If completed, the charge will be expunged from the public record. The cost for this program is between $150 and $350.

A second offense with up to an ounce increases the penalties to a fine between $200-$1,000 and up to a year in jail. Any offense with over an ounce of marijuana is considered possession with intent to distribute and is a felony.

Driving Under the Influence

Operating a motor vehicle under the influence of marijuana carries the same penalties as an alcohol-related DUI. As you’ve given implied consent by driving on South Carolina roads, law enforcement has the right to ask you for a sample for chemical testing.

Paraphernalia

Possessing drug paraphernalia is a civil citation with a fine of up to $500. The definition of drug paraphernalia under South Carolina law is both vague and broad. It can include items such as the containers marijuana is stored in or rolling papers.

Exception for Epilepsy Patients

The only legal THC (tetrahydrocannabinol) use in South Carolina is covered by Julian’s Law, which was passed in 2014. This provides those suffering from epilepsy the right to use a low-THC oil. It must have no more than 0.9% THC and at least 15% CBD (cannabinoid). Despite the low THC count, this requires permission from a South Carolina physician. It must be purchased at a licensed dispensary, which can also sell CBD oils and other CBD-only items.

Attempts to Legalize Marijuana in South Carolina

Lawmakers in South Carolina have played out the same story for the past several years. Members of the Senate draft and pass a version of the South Carolina Compassionate Care Act. It calls for medical marijuana use with strict restrictions, such as no cultivation, smoking, or raw consumption.

The bill then dies in the House, often without a vote. This happened again in 2024 with S.423. The default 14-day patient limits would be:

• 8.2 grams of oils for vaporization
• 1.6 grams of THC in ingested products (such as edibles)
• 4 grams in topicals, such as lotions

Certified doctors would both recommend patients for treatment and prescribe the amount for medical use. Patients would need to have one or more of the qualifying conditions.

Opponents often cite the federal ban as justification for keeping medical marijuana illegal in South Carolina. The Senate seems determined to keep trying to pass a version of the Compassionate Care Act, so the battle for the legalization of medical marijuana in South Carolina continues.

Summary of South Carolina Marijuana Laws

The table below recaps what you’ve learned above and adds the penalties for marijuana offenses under South Carolina law.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, consult a local criminal defense lawyer to learn how current laws apply to specific circumstances. 

Facing Marijuana Charges in South Carolina? An Attorney Can Help

Sales, cultivation, and possession of marijuana remain illegal in South Carolina. The charges are often significant and can cause a major disruption in your life. If you or someone you know is facing drug charges, consider speaking with a South Carolina criminal defense attorney. They can offer legal advice and lay out your options.