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South Carolina: Everything You Need to Know
South Carolina Laws
South Carolina does not have a medical marijuana program. The state only allows low-THC CBD oil for patients with severe epilepsy under “Julian’s Law” enacted in 2014. Medical and recreational marijuana remain illegal.
- Only patients with severe epilepsy or chronic seizures may use CBD oil with physician recommendation.
- CBD products must contain at least 15% CBD and no more than 0.9% THC.
- No comprehensive qualifying conditions list exists—only the limited epilepsy exception applies.
- Home cultivation of cannabis is prohibited.
- South Carolina does not issue medical marijuana cards as no program exists.
- Recreational cannabis is illegal in South Carolina.
- Possession of any amount of marijuana is a criminal offense.
- First-time possession of one ounce or less is a misdemeanor carrying up to 30 days in jail and a fine of $100-200.
South Carolina Reform Timeline
2014 – Julian’s Law Enacted
- South Carolina General Assembly passes S. 1035 (“Julian’s Law”), allowing epilepsy patients to access low-THC/high-CBD products with at least 15% CBD content and no more than 0.9% THC.
2022 – Senate Passes Compassionate Care Act, House Blocks
- Senate passes SB 150 (Compassionate Care Act) in February; bill dies in House in May after procedural challenge claiming it should have originated in the House.
2024 – Senate Passes Again, House Blocks Again
- Senate passes SB 423 (Compassionate Care Act) in January and sends to House in February; House refers bill to committee but takes no action—second consecutive year Senate passes medical cannabis but House fails to advance it.
2025 – New Bill Introduced, No Hearing Held
- Senator Tom Davis (R) reintroduces Compassionate Care Act as S. 53 in January; South Carolina General Assembly adjourns May 8 without holding any hearing on cannabis legislation.
South Carolina Possession Limits
South Carolina does not have medical marijuana possession limits because no medical marijuana program exists:
- Only patients with severe epilepsy or chronic seizures may legally possess CBD oil with physician’s written recommendation.
- Legal CBD products must contain minimum 15% CBD and maximum 0.9% THC.
- No specific quantity limits exist for legal CBD products under Julian’s Law.
- Any possession of marijuana (cannabis with THC above 0.9%) is illegal—no medical exception exists.
- Home cultivation is strictly prohibited.
- First offense (1 ounce or less) penalty for possessing marijuana is a misdemeanor with up to 30 days jail and $100-200 fine.
- Second offense is a misdemeanor with up to 1 year jail and $200-1,000 fine.
- Possession with intent to distribute (1 ounce to 10 pounds): Felony, up to 5 years prison and/or $5,000 fine.
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FAQs
Is marijuana legal in South Carolina?
No. Both recreational and medical marijuana are illegal in South Carolina as of 2025. The state is one of only eight without any form of medical marijuana program. Only low-THC CBD oil is permitted for severe epilepsy patients under "Julian's Law."
Is CBD legal in South Carolina?
Yes, but only for epilepsy patients. CBD products must contain at least 15% CBD and no more than 0.9% THC, and patients must have a physician's written recommendation. Hemp-derived CBD products with 0.3% THC or less are legal under federal law for general use.
Can I grow marijuana at home in South Carolina?
No. Home cultivation of marijuana is strictly illegal in South Carolina. Growing less than 100 plants is a felony punishable by up to 5 years in prison and a $5,000 fine. Growing 100-1,000 plants carries a mandatory 25-year prison sentence and $25,000 fine.
What are the penalties for marijuana possession in South Carolina?
First offense (1 ounce or less): Up to 30 days in jail and $100-200 fine (misdemeanor). Second offense: Up to 1 year in jail and $200-1,000 fine (misdemeanor). Possession with intent to distribute (1 ounce to 10 pounds): Up to 5 years in prison and/or $5,000 fine (felony), with enhanced penalties near schools or parks.
Do South Carolina voters support marijuana legalization?
Yes, by large margins. Approximately 75% of South Carolinians support medical marijuana prescribed by a doctor, while 56% support recreational use. Support is more divided by party: 45% of Republicans favor recreational legalization compared to 62% of Democrats. Despite strong public support, the South Carolina House has repeatedly blocked medical marijuana legislation. The Senate passed the Compassionate Care Act twice (in 2022 and 2024), but the House refused to vote on it both times. Senator Tom Davis reintroduced the bill as S.53 in January 2025, but the legislature adjourned in May without holding any hearing on cannabis legislation.
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Charleston