No. Marijuana is illegal in South Carolina for both recreational and medical use, and the only legal exception is low-THC CBD oil for people with severe epilepsy. Possessing 1 ounce or less is a misdemeanor punishable by up to 30 days in jail or a $100 to $200 fine for a first offense. As of October 2026, the state’s medical cannabis bill remains stuck in committee.
South Carolina is one of a shrinking number of states with no medical marijuana program, even though its Senate passed a medical bill in 2024. This guide explains what the law says for residents and visitors: possession penalties, the narrow CBD exception, driving rules, and where hemp products stand as federal rules change. It is general information, not legal advice.
South Carolina Cannabis Laws at a Glance
| Topic | The rule in South Carolina | Source |
|---|---|---|
| Legal status | Illegal for recreational and medical use | S.C. Code Title 44, Chapter 53 |
| Medical program | None; the Compassionate Care Act has not passed | S. 53 (2025-2026) |
| CBD exception | Cannabis preparations with 0.9% THC or less and more than 15% CBD, for certified severe epilepsy | S.C. Code § 44-53-110 |
| Possession, 1 oz or less | First offense: up to 30 days in jail or a $100 to $200 fine | S.C. Code § 44-53-370(d)(4) |
| Second offense | Up to 1 year in jail or a $200 to $1,000 fine, or both | S.C. Code § 44-53-370(d)(4) |
| More than 1 oz | Treated as evidence of intent to distribute | S.C. Code § 44-53-370(d)(4) |
| Home grow | Illegal | S.C. Code § 44-53-370 |
| Driving | DUI if drugs materially and appreciably impair your driving | S.C. Code § 56-5-2930 |
| Hemp-derived THC | No state THC-product law passed in 2026; federal limits take effect November 12, 2026 (cannabinoids the plant cannot produce) and December 11, 2026 (delta-8, THCA, 0.4 mg cap) | H. 3924; federal law |
Is Marijuana Legal in South Carolina?
No. Marijuana remains a controlled substance under South Carolina’s drug laws in Title 44, Chapter 53 of the state code. There are no licensed dispensaries, no medical cards, and no legal way to buy, sell or grow cannabis in the state. Medical cards from other states are not recognized.
The state has come close to a medical program. The South Carolina Compassionate Care Act, sponsored by Sen. Tom Davis, passed the Senate 24 to 19 on February 14, 2024 as S. 423, but the House referred it to committee and never voted on it. The 2025-2026 version, S. 53, was referred to the Senate Medical Affairs Committee on January 14, 2025 and shows no further action. As drafted, it would let certified patients with listed conditions buy a 14-day supply of cannabis products, with smoking banned.
Possession Penalties in South Carolina
Under S.C. Code § 44-53-370(d)(4):
- First offense, 1 ounce (28 grams) or less of marijuana, or 10 grams or less of hashish: a misdemeanor punishable by up to 30 days in jail or a fine of $100 to $200.
- Second or later offense: a misdemeanor punishable by up to one year in jail, a fine of $200 to $1,000, or both.
- More than 1 ounce of marijuana or 10 grams of hashish: the law treats this amount as prima facie evidence of possession with intent to distribute, a far more serious charge.
First offenders may be eligible for conditional discharge under § 44-53-450, with the solicitor’s approval, or for pretrial intervention, and a judge may require a drug education program. Under conditional discharge, a person who completes probation has the case dismissed without a conviction.
The CBD Oil Exception
South Carolina’s definition of marijuana in § 44-53-110 carves out a narrow medical exception. People diagnosed with Lennox-Gastaut syndrome, Dravet syndrome or another severe form of epilepsy not adequately treated by traditional therapies, and their parents, guardians or caretakers, may possess cannabidiol preparations containing 0.9% THC or less and more than 15% CBD. They need a written certification from a South Carolina-licensed physician.
Julian’s Law, in Article 18 of the same chapter, separately allows CBD clinical trials and expanded-access programs for epilepsy at academic medical centers. Neither provision creates a medical marijuana program or any place to buy THC products.
Growing, Selling and Using Cannabis
Marijuana is a Schedule I substance under § 44-53-190. Growing any amount is illegal, because the code’s definition of manufacturing includes propagation. Manufacturing, distributing or possessing with intent to distribute is a felony punishable by up to five years in prison or a $5,000 fine for a first offense under § 44-53-370(b)(2). No public or private consumption is legal.
Driving and Cannabis in South Carolina
South Carolina’s DUI law, § 56-5-2930, makes it illegal to drive under the influence of any drug or combination of substances that impairs your faculties “to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired.” There is no per se THC blood limit; police and prosecutors must show impairment. Any cannabis found in the car can bring a separate possession charge.
Crossing State Lines, Airports and Federal Land
Cannabis bought legally in another state becomes illegal the moment it enters South Carolina, and carrying it across any state line is a federal crime. TSA refers cannabis found at airport screening to police. Military installations and other federal property follow federal law. In April 2026 the Justice Department moved marijuana held under a state medical marijuana license to Schedule III, but that change does not apply to South Carolina, which has no licensed program. See our federal marijuana law guide.
Hemp, Delta-8 and THC Drinks in South Carolina
South Carolina has no law written specifically for intoxicating hemp products such as delta-8 vapes and THC drinks. Lawmakers spent 2025 and 2026 on H. 3924, a bill to regulate hemp-derived consumables. The House passed it in April 2025 and the Senate passed an amended version on March 24, 2026. A conference committee report then failed in the House, 28 to 69, on June 25, 2026, so the bill did not become law.
Federal law changes the picture regardless. The new federal hemp definition excludes cannabinoids the plant cannot naturally produce, such as THC-O, from November 12, 2026. From December 11, 2026, it also excludes converted cannabinoids such as delta-8 made from CBD and limits hemp products to 0.4 mg total THC per container. After those dates, most intoxicating hemp products fall outside the federal definition of hemp.
What Changed Recently
- Hemp (June 2026): H. 3924 died after the House rejected the conference report.
- Medical (2025-2026): S. 53, the Compassionate Care Act, did not leave the Senate Medical Affairs Committee.
- Federal (2026): State-licensed medical marijuana moved to Schedule III in April, and a DEA hearing on broader rescheduling was stayed on September 29. Neither change legalizes anything in South Carolina.
From the editor, James Buddsey: Visitors from states with legal cannabis sometimes assume a small amount for personal use will be overlooked. In South Carolina it is still a criminal charge, and over an ounce, the law presumes you meant to sell it. Leave it at home.
South Carolina Marijuana Laws FAQ
Is weed legal in South Carolina?
No. Marijuana is illegal for recreational and medical use. The only exception is low-THC CBD oil for certified severe epilepsy.
Does South Carolina have medical marijuana?
No. The Compassionate Care Act passed the Senate in 2024 but not the House, and the 2025-2026 version, S. 53, stayed in committee.
What is the penalty for possession of marijuana in South Carolina?
For 1 ounce or less, a first offense carries up to 30 days in jail or a $100 to $200 fine. A second offense carries up to one year and a $200 to $1,000 fine.
Is more than an ounce a felony?
Possessing more than 1 ounce of marijuana is treated as prima facie evidence of intent to distribute, which is charged far more seriously than simple possession.
Can I use my out-of-state medical card in South Carolina?
No. South Carolina has no medical program and does not recognize cards from other states.
Is delta-8 legal in South Carolina?
No state law specifically regulates it after H. 3924 failed in 2026. Federal rules exclude delta-8 made from CBD from the hemp definition starting December 11, 2026.
Can you grow weed in South Carolina?
No. Growing any amount of marijuana is illegal.
More State Cannabis Law Guides
Compare South Carolina with its neighbors in our guides to North Carolina, Georgia and Virginia, browse all state cannabis law guides, or read the latest on federal marijuana law.
Neighboring state guides: North Carolina · Georgia · All state cannabis laws
General information about South Carolina cannabis law as of October 2026, not legal advice.