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Is Cannabis Legal In South Carolina?
South Carolina Qualifying Conditions
Frequently Asked Questions
South Carolina State Information Page
- Illegal
- Not Decriminalized
- CBD oil and low THC medical marijuana are approved for severe epilepsy
- Possession is not allowed; will change for patients if the medical marijuana bill is passed.
- Cultivation is illegal; Trafficking is illegal
South Carolina’s current law has a very limited CBD oil medical program and is one of thirteen states in the US that have not legalized marijuana for medical use. However, this could be the year for that to change.
SC senators passed the Compassionate Care Act in February of 2022 to legalize medical marijuana. However, according to Governor Henry Mcmaster, the short answer is it is just too early to tell if it goes through.
Legislation is close to the finish line to make recreational and medical marijuana legal for up to twenty-eight grams and to legalize the use, possession, and commercial sale of marijuana for adult use.
This law would also legalize medical marijuana program and such treatment to those with health conditions like multiple sclerosis, PTSD, wasting syndrome, ulcerative colitis, and severe nausea.
State Laws and Offenses
Here’s a current list of penalties for possession, sale, and distribution of marijuana, concentrate, or paraphernalia in South Carolina.
- Marijuana is a Schedule IV drug in the state department of South Carolina.
- Cannabis is still considered a Schedule I Controlled substance and illegal under federal law
- An adult possessing of one ounce or less is a Misdemeanor, 30 days jail time, and a 200 USD fine
- Sales of any cannabis drug is a Felony; penalties range from 5 to 25 years on a third offense and 5,000 USD to 200,000 USD depending on the pounds
- Cultivation and trafficking of any marijuana are against the law and a first offense Felony; penalties range from 5 to 25 years for a second offense with a mandatory sentence and 5,000 USD to 200,000 USD depending on the pounds.
- There are those with licensure for growing hemp now that it is federally legal.
- Possession of drug paraphernalia for recreational marijuana use will result in a civil citation and a maximum 500 USD fine since the decriminalization bill passed.
- A person in possession of 10 ounces or less of concentrate is a Misdemeanor with up to a 500 USD fine. That penalty increases significantly when operating a motor vehicle or with intent to sell.
Patients diagnosed with Lennox Gastaut Syndrome, Dravet Syndrome, or “any other severe form of epilepsy that can’t be treated by traditional medical therapies” if the patients physician concludes that they can benefit from medical cannabidiol use.
Get a South Carolina Medical Marijuana Card
South Carolina marijuana DUI laws
Here are the penalties in Illinois for operating a motor vehicle under the influence:
- A first offense can result in a misdemeanor and carries a year of driving revocations, a mandatory minimum fine of 500 USD, and 100 hours of community service.
- The second offense can result in a Misdemeanor with a mandatory minimum of five days of imprisonment, 240 hours of community service, up to a 2,500 USD fine, and a minimum five-year suspended license.
- The third offense can result in a felony with up to thirty months of imprisonment, extending up to seven years for subsequent offenses, and a maximum fine of 25,000 USD.
South Carolina marijuana growing laws
You can only grow cannabis if you have a Medical Cannabis Card. You must be 21 years or older and can grow up to 5 cannabis plants in your home, out of sight from the public.
South Carolina public consumption laws
Illinois state law prohibits the use of cannabis in a public place, including for medical patients.
No marijuana may be used in the following locations:
- School properties
- Public transportation
- Motor Vehicles
- Public parks
- Private residences (unless you have written approval by the property owner)
South Carolina city specific laws
The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.
Seventy-two percent of South Carolina residents support the decriminalization and legalization of marijuana for recreational use.
Medical marijuana is not legal, so you are unable to use a medical marijuana card in South Carolina; however, legislation is pending in 2022 to legalize it fully for recreational use.
Not for marijuana in South Carolina, only hemp. A few hemp dispensaries across the state of South Carolina sell hemp CBD-infused edibles, tinctures, cannabis flowers, and more.
Yes. CBD derived from the hemp plant is legal in South Carolina if it has under 0.3% THC due to the passing of the Farm Bill of 2018 and the updating of hemp laws.
Under these laws, consumption of CBD products with 0.9% THC or less is legal for people who have epilepsy but is not manufactured within the state. It is however sold in dispensaries in North Charleston and a few other cities.
Requirements are as follows:
Be 18 years of age or older
You must be able to provide proof of your IL residency
You must have a diagnosis that qualifies in Illinois and a doctor’s prescription.
You must submit a signed Physician Certification with your MMP application – and that is where Leafy Doc can help. We can assist with booking your appointment and then provide the Physician Certification so that you can apply to get your medical card. Once you have the card, you may visit licensed medical marijuana dispensaries and even grow medical cannabis.
Industrial hemp may be available as a smokable product in South Carolina, but many residents and business owners have been given detailed legal advice to avoid purchasing raw hemp until the law on marijuana is updated.
Cannabis Policy Reform Timeline
1937: The federal Marijuana Tax Act placed a halt on South Carolina’s booming industrial hemp cultivation.
2014: CBD is legalized under a medical cannabis bill- registered trademarks called “Julian’s Law” that was sponsored by Tom Davis and other clients. There are CBD dispensaries in Mount Pleasant, Goose Creek, North Charleston, and Moncks Corner for medical cannabis patients.
2017: Cultivation and use of industrial hemp are re-legalized with permits required for environmental control.
2019: The legislation for medical marijuana legalization via the Compassionate Care Act was introduced for the first time but stalled in 2020 due to the COVID pandemic
2022: In February of this year, the Senate held a second reading and passed the medical marijuana bill called Compassionate Care Act, and it’s set to go to the House.
Things to Consider in 2022:
- Legalization and decriminalization of recreational and medical cannabis are currently pending legislation in South Carolina, as well as allowing veterans with post-traumatic stress disorder to use marijuana under state law.
- House Speaker Jay Lucas has decided to step down from his leadership role this year and does not support the medical marijuana bill. Due to the attorney-client relationship, his lawyer will now be speaking on his client’s behalf in regards to the departure.
Learn more about Cannabis legalization in South Carolina:
Updated 6.14.2022
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FAQs
Is South Carolina fully legal for marijuana? ›
Cannabis is illegal under state law. Marijuana is not legal in South Carolina. Recreational use is prohibited. Low-THC/high-CBD oil is legal, though growers and processors must go through a licensing and permitting process.
What happens if you get caught smoking weed in South Carolina? ›Simple possession of marijuana in South Carolina is a misdemeanor punishable by not more than 30 days in jail and a fine between $100 and $200. Clients with a first-time simple possession charge may be eligible to enter a pre-trial intervention program or attend a drug abuse program to decrease their penalties.
How much weed can you have in South Carolina? ›What is Simple Possession of Marijuana in South Carolina? If a person is caught with 28 grams or less of marijuana, that person can be charged with simple possession. If convicted, the person can be fined or receive up to 30 days in jail.
Is medical weed legal in SC 2022? ›South Carolina's Medical Marijuana Bill Ruled Unconstitutional, but Sponsor Vows to Keep Fighting. On May 4, 2022, South Carolina's medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state's House of Representatives.
Does South Carolina recognize medical Marijuanas card? ›There is no medical marijuana identification card system in South Carolina, so there can be no reciprocity with other states. South Carolina does not recognize other states' medical marijuana programs.
Do you need a medical card in South Carolina? ›If you self-certify Non-Excepted Interstate and submit a medical certificate, you are required to keep a valid medical card on file with South Carolina DMV.
Can I buy Delta 8 in South Carolina? ›Yes, delta 8 THC is legal in the state of South Carolina.
Delta 8 THC is federally legal in all 50 states alongside CBD and other hemp-derived cannabinoids. This is thanks to the 2018 Farm Bill that differentiates hemp-derived products from marijuana-derived products.
- Alaska.
- Arizona.
- California.
- Colorado.
- Connecticut.
- District of Columbia.
- Guam.
- Illinois.
Unlike delta-8, delta-9 THC is considered legal in South Carolina. Delta-9 is considered “naturally” derived from cannabis plants and, so long as the concentration is below the 0.3 percent threshold, delta-9 products are covered by the Hemp Farming Act as of the publication of this blog.
What illness qualifies for medical Marijuanas? ›- Terminal illness.
- Cancer.
- Positive status for Human Immunodeficiency Virus (HIV Positive)
- Acquired Immune Deficiency Syndrome (AIDS)
- Decompensated cirrhosis.
- Amyotrophic Lateral Sclerosis (ALS / Lou Gehrig's Disease)
- Agitation of Alzheimer's disease.
How long do you have after your DOT medical card expires? ›
Provided the medical certificate was issued for at least 90 days, the expired document will be accepted as valid until the deadline. In addition, CLP holders won't be required to retake their general and endorsement knowledge tests under the waiver.
Is delta-8 or Delta 9 stronger? ›Delta 9 is considerably more potent than Delta 8. Some believe it to be about twice as strong overall. Side effects are also more considerable with Delta 9. These can include paranoid delusions, mental fog, impaired motor skills, and increased feelings of anxiety.
How long will delta-8 stay in your system for a drug test? ›Last Words. While delta-8 THC's effects last up to five hours in your body, the metabolites can stay in your system for up to 90 days. Luckily, the most common tests can detect metabolites for only a few days. However, if you are a chronic user, the test can yield positive even after 30 days.
How do you pass a delta-8 drug test? ›It is generally recommended that you abstain from cannabis for at least two weeks before taking a urine drug test. This will ensure that Delta 8 THC is not detected in your urine.
Can you go into a dispensary without a card in Florida? ›Can I Go to a Dispensary Without a Card in Florida? No, you won't be able to go to any dispensaries in Florida without a Florida medical marijuana card. Recreational cannabis has not been
The recreational use of cannabis has been
In the United States, the use of cannabis for medical purposes is legal in 37 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of February 2022.
Is smokable hemp legal in South Carolina? ›South Carolina has neither legalized nor banned smokable CBD hemp. While hemp flower is legal under the 2018 US Farm Bill, South Carolinians will be smoking their hemp in a legal grey area. If you are going to smoke hemp while in South Carolina, please only do so indoors in a private residence.
Where is delta9 legal? ›| Alabama | Alaska | Arizona |
|---|---|---|
| Connecticut | Delaware | Florida |
| Georgia | Hawaii | Idaho |
| Illinois | Indiana | Iowa |
| Kansas | Kentucky | Louisiana |
Delta-8 THC is currently illegal in 13 states. South Carolina has no plans to ban it for now.
Do you need a medical card in South Carolina? ›
If you self-certify Non-Excepted Interstate and submit a medical certificate, you are required to keep a valid medical card on file with South Carolina DMV.
Is recreational marijuana legal in Myrtle Beach South Carolina? ›Although it is very common, it is still illegal in South Carolina to grow, possess or distribute marijuana (also known as “pot” or “Mary Jane”).
What illness qualifies for medical Marijuanas? ›- Terminal illness.
- Cancer.
- Positive status for Human Immunodeficiency Virus (HIV Positive)
- Acquired Immune Deficiency Syndrome (AIDS)
- Decompensated cirrhosis.
- Amyotrophic Lateral Sclerosis (ALS / Lou Gehrig's Disease)
- Agitation of Alzheimer's disease.