Updated on April 10th, 2025

South Carolina Cannabis Laws Reference Guide

1. Adult-Use (Recreational) Cannabis Laws

  • Legal Status: Recreational cannabis remains illegal in South Carolina. Marijuana (and THC in any form) is classified as a Schedule I controlled substance under state lawcollinsandlacy.com. There is no legal adult-use market; possession, sale, or cultivation of cannabis without authorization is a criminal offenselaw.justia.com. South Carolina is one of the few states with no form of legalization or decriminalization for adult cannabis usempp.orgmpp.org.

  • Possession Limits & Penalties: Any amount of marijuana is unlawful to possess. State law draws a line at one ounce (28g) for penalty purposes. Possession of up to 1 ounce (28g) is a misdemeanor (“simple possession”) punishable by up to 30 days in jail and $100–$200 in fines for a first offenselaw.justia.comlaw.justia.com. A second offense carries up to 1 year imprisonment or $200–$1,000 finelaw.justia.com. Conditional discharge (pretrial diversion) is available for first-time offenders at the court’s discretionlaw.justia.comlaw.justia.com, allowing dismissal of charges upon completion of probation and treatment (with eligibility for expungement)law.justia.comlaw.justia.com. Possession of more than 1 ounce is treated as evidence of intent to distribute (a felony)law.justia.com. In fact, possession of over 1 ounce is “prima facie” a violation of distribution lawslaw.justia.com, meaning prosecutors can charge it as a felony offense under §44-53-370(a). Larger quantities trigger severe penalties: 10+ pounds is considered drug trafficking with mandatory prison terms (minimum 1 year for 10–100 lbs, escalating sharply for higher weights)law.justia.comlaw.justia.com. Trafficking in marijuana (e.g. 10–100 lbs) is a felony carrying 1–10 years imprisonment and a $10,000 fine (first offense), with higher penalties for subsequent offenseslaw.justia.comlaw.justia.com. South Carolina aggressively enforces these laws – in 2023 alone, police made over 10,000 arrests for cannabis possession statewidempp.orgmpp.org.

  • Age Restrictions: Because cannabis is illegal for all purposes (except very limited medical CBD use), there is no legal age for recreational cannabis. Possession by a minor is unlawful just as it is for an adult, though juveniles may be handled in family court rather than adult criminal court. There are no provisions allowing adult (21+) use – all ages are prohibited from possessing or using marijuanampp.org. (By contrast, the only legal cannabis-related products are low-THC hemp/CBD products – which generally must come from industrial hemp with ≤0.3% THC and can be sold to adults; see hemp laws below.)

  • Home Cultivation: Growing cannabis at home is illegal. State law prohibits all cultivation of marijuana without authorization. Home cultivation is treated as manufacturing a controlled substance – a felony offenselaw.justia.com. Penalties depend on the number of plants or weight produced. While South Carolina law does not specify a separate penalty for a single plant, any cultivation can be charged under the general prohibition on manufacture. Cultivating even one marijuana plant is therefore a felony punishable under §44-53-370(b) (for manufacture of Schedule I drugs). If the cultivated amount is large (e.g. 100+ plants or high weight), trafficking charges apply (e.g. ≥100 plants is 25 years imprisonment and $25,000 fine)law.justia.comlaw.justia.com. There is no allowance for personal grows – unlike some states, South Carolina does not permit any number of plants for personal use. Even cultivation for medical use is not authorized under current law.

  • Public Consumption & Other Restrictions: Because all cannabis use is unlawful, consuming marijuana in any setting (public or private) is a crime. There is no explicit statutory distinction for public vs. private use – any consumption implies illegal possession. Use in public places can lead to arrest for possession and other charges. Notably, driving under the influence of cannabis is explicitly prohibited. South Carolina’s DUI law covers impairment by alcohol or drugs: it is unlawful to drive “while under the influence of alcohol, drugs, or a combination…to the extent that the person’s faculties are materially and appreciably impaired” (S.C. Code §56-5-2930)johnnewkirklaw.com. Unlike alcohol (which has a 0.08% BAC presumption), there is no defined THC limit; any observable impairment can support a DUI-drug chargejohnnewkirklaw.com. There is no “open container” statute specific to cannabis, but possessing marijuana in a vehicle (even a small amount) remains a misdemeanor, and evidence like odor or residue can lead to arrestjohnnewkirklaw.comjohnnewkirklaw.com. Additionally, South Carolina imposes enhanced penalties for drug activity near schools: distributing or possessing with intent to distribute a controlled substance within a half-mile of a school or public park is a separate felony with additional prison time (up to 10 years and $10,000 fine)law.justia.comlaw.justia.com. While this “school zone” law (§44-53-445) targets distribution, it underscores the strict approach to any cannabis-related conduct in sensitive locations. In summary, no consumption of cannabis is legally permitted in South Carolina, and doing so can trigger charges for possession or DUI among other offenses.

2. Medical Cannabis Laws

  • Current Law (Low-THC CBD Allowance – “Julian’s Law”): South Carolina’s only enacted medical cannabis law is a very limited CBD-only statute. In 2014 the state passed S.1035 (“Julian’s Law”), which allows certain patients with severe epilepsy to possess and use high-CBD, low-THC cannabis oilmpp.orgmpp.org. This law exempts from the definition of “marijuana” any cannabis derivative that contains ≤0.9% THC and ≥15% CBD ifthe patient has a physician’s certification for a severe epilepsy disordermpp.orgmpp.org. Qualifying conditions under Julian’s Law are narrowly defined: Lennox-Gastaut Syndrome, Dravet Syndrome, or another severe, treatment-resistant epilepsy diagnosed by a physicianmpp.org. The patient (or their parent/guardian) must obtain a written certification from a doctor stating the patient has a qualifying epilepsy condition and may benefit from cannabidiolmpp.orgmpp.org. No state registration ID card is required – unlike broader medical programs in other states, South Carolina does not issue medical marijuana cards for this CBD usempp.org. The law does not establish dispensaries or in-state production for high-CBD oilmpp.org. Instead, it merely provides a limited immunity/affirmative defense for patients to possess CBD oil meeting the 15% CBD/0.9% THC formula. (In practice, patients have had to obtain such oil from out of state or through federally-approved trials.) Aside from this narrow exemption, medical use of marijuana remains illegal. For example, a patient using cannabis with typical THC levels (>0.9%) or for a condition outside the epilepsy scope would still be subject to prosecution under state law.

  • Proposed Comprehensive Medical Cannabis Program: In recent years (2015–2025), there have been multiple legislative efforts to create a broader medical cannabis program in South Carolina. As of 2025 these bills have not yet been enacted, but they indicate the likely framework if a medical law passes. The leading proposal is the South Carolina Compassionate Care Act, which was introduced repeatedly (e.g. S. 150 in 2022; S. 423 in 2023) and even passed the state Senate in 2022 and again in 2023-24, though it stalled in the Housempp.orgsouthcarolinapublicradio.org. The Compassionate Care Act (as approved by the Senate) would establish a regulated medical marijuana system for patients with certain “debilitating medical conditions.”Qualifying conditions listed in the bill included cancer, multiple sclerosis, neurological disorders (like epilepsy), Crohn’s disease, sickle cell anemia, PTSD, autism, and chronic illnesses causing severe nausea or chronic pain, among otherssouthcarolinapublicradio.orgsouthcarolinapublicradio.org. Patients would be required to obtain a written certification from a physician with whom they have a bona fide relationship, and then register with the state Department of Health to receive a medical cannabis ID cardscstatehouse.govscstatehouse.gov. The Department of Health (DHEC) would maintain a confidential patient registry and issue registry identification cards to qualified patients and designated caregivers (after background checks for caregivers)scstatehouse.govscstatehouse.gov.

  • Possession Limits (Proposed): The Compassionate Care Act defines an “allowable amount of medical cannabis” that a cardholder may possess during a 14-day period. The limits are expressed in terms of THC content per product type. As proposed, a patient could obtain up to a 14-day supply consisting of, for example: no more than 4,000 mg of THC in topical products, 1,600 mg of THC in edible or oral products, and 8,200 mg of THC in oils for vaporization, in any 14-day periodscstatehouse.govscstatehouse.gov. These numbers roughly equate to a few ounces of cannabis in non-smokable form, but the law forbids raw smokable marijuana. Smoking cannabis flower would remain prohibited – the bill allows only “non-herbal” preparations such as oils, tinctures, capsules, edibles, patches, or vaporizer oilssouthcarolinapublicradio.orgnorml.org. Combustible products (joints, raw plant) and high-THC edibles attractive to children would be banned. Patients would not be allowed to cultivate their own cannabis at home under the proposalnorml.org. All medical cannabis would have to be obtained from licensed dispensaries.

  • Approved Forms & Access under Proposed Law: As noted, the bill limits medical cannabis to oils, extracts, tinctures, capsules, edibles, patches, vaporizable oils, and topical creams – essentially, no smoking and no raw plant materialsouthcarolinapublicradio.org. This conservative approach was designed to get political support in SC. The law would permit a range of THC/CBD ratios in products, but edibles could not be in candy-like forms appealing to minorsmaynardnexsen.com. Dispensing would be through a new class of licensed businesses. The Senate bill called them “therapeutic cannabis pharmacies,” to be overseen by the Board of Pharmacyscstatehouse.gov. A limited number of dispensaries could operate – no more than 3 dispensaries per county was one limit in the 2024 versionnorml.org. These dispensaries would employ a pharmacist and follow strict security, lab testing, and recordkeeping regulationsscstatehouse.govscstatehouse.gov. Other license types would include cultivators, processors, and transporters, all overseen by a state commission or DHEC. The Act included a sunset clause to automatically repeal the program after 5 years unless reauthorizedmaynardnexsen.com, underscoring its trial/provisional nature.

  • Status of Medical Cannabis Legislation: As of May 2025, no comprehensive medical cannabis program is yet law in South Carolina. The Senate’s passage of the Compassionate Care Act in 2022 and again in 2023-24 marked historic progressmaynardnexsen.comsouthcarolinapublicradio.org, but the House of Representatives failed to advance the bill. In 2022, the House ruled the Senate bill procedurally out of order on technical grounds (violating the state constitution’s origination clause for revenue bills) and declined to vote on itmpp.org. In 2023-24, the Senate quickly passed the updated S.423 in February 2023, but the bill stalled in a House committee and never reached a floor vote by the end of the 2024 sessionsouthcarolinapublicradio.orgsouthcarolinapublicradio.org. Legislative leaders in the House have been wary of legalization, preventing debate. However, public support for medical cannabis in SC is high (around 76% in a 2022 poll)norml.org. Lawmakers plan to re-introduce the medical cannabis bill in the 2025–2026 sessionmpp.org. Until a new law is enacted, the only legal medical use remains the limited CBD oil exception from 2014. Patients not covered by Julian’s Law technically have no legal protection for using cannabis, even if for health reasons. (Some may use hemp-derived products as a workaround; see “hemp” below.)

  • Medical Availability: Currently, no state-licensed dispensaries exist in South Carolina. The sale of marijuana is illegal, so patients under Julian’s Law must obtain high-CBD, low-THC oil through other means (e.g. ordering hemp extracts online or participating in clinical trials). The 2014 law did authorize clinical trials for CBD in university settingsmpp.org contingent on FDA approval, but no in-state production system for medical marijuana was created. Under the proposed Compassionate Care program, a full seed-to-sale system would be implemented: licensed cultivators to grow cannabis, processors to produce regulated medical products, and dispensaries (therapeutic pharmacies) to sell to registered patientsscstatehouse.govscstatehouse.gov. The state’s Department of Health and Board of Pharmacy would share oversight, and products would be subject to testing and labelling requirements. None of this is active yet – it is prospective pending legislative approval. In summary, medical cannabis is technically illegal except for low-THC CBD oil. Patients seeking whole-plant medical marijuana must wait for the law to change or risk violating current law.

3. Cannabis-Related Business Regulations

  • Licensing Framework (Marijuana): Because marijuana is illegal for adult and (with narrow exceptions) medical use, South Carolina does not currently issue cannabis business licenses for dispensaries, growers, or processors of high-THC cannabis. There is no legal recreational or medical cannabis industry as of 2025. If the Compassionate Care Act or similar legislation is enacted, a comprehensive licensing scheme will be created. For example, the Senate-passed medical bill provided for licensing of medical cannabis cultivators, processors, testing labs, transporters, and dispensaries by state agencies. Dispensaries (therapeutic cannabis pharmacies) would require permits from the Board of Pharmacy and oversight by a licensed pharmacistscstatehouse.gov, and could only operate in jurisdictions that do not opt out (cities/counties could ban them locally)maynardnexsen.com. Cultivation centers and processing facilities would be licensed by the Department of Health (DHEC) under strict regulations (e.g. security, seed-to-sale tracking)scstatehouse.govscstatehouse.gov. Until such a law passes, however, any commercial activity involving marijuana is unlawful – there are no legal growers or sellers of marijuana in the state.

  • Hemp and CBD Business Regulations: South Carolina does have a regulated hemp industry, which is the only legal cannabis sector currently. After the 2018 federal Farm Bill legalized hemp (<0.3% THC), South Carolina adopted the Industrial Hemp Cultivation Act (S.C. Code Title 46, Chapter 55) to license growers and processors of hemp. Anyone cultivating, handling, or processing hemp must obtain a state license from the SC Department of Agriculture (SCDA)law.justia.com. It is unlawful to grow or process hemp without a license. Applicants undergo state and FBI background checks (no drug-related felony in past 10 years allowed)law.justia.com and must provide the GPS coordinates of grow sites for monitoringlaw.justia.com. Annual licensing fees are charged (capped at $1,000 for growers/handlers)law.justia.com, and licenses must be renewed yearlylaw.justia.comlaw.justia.com. Licensed hemp farms are subject to inspection and testing: SCDA inspectors and law enforcement may enter grow sites to sample plants and ensure THC content remains at or below 0.3%law.justia.comlaw.justia.com. If a crop tests “hot” (THC >0.3%), the law requires destruction of that crop. As of recent years, the number of licensed hemp farmers has fluctuated. The program started as a pilot in 2018 with only 20 licenses, expanded significantly by 2019, but then contracted. By 2020 there were over 260 licensed hemp growers, but due to market oversupply the number fell to 98 licensed farmers in 2024charlestoncitypaper.com. South Carolina also licenses hemp processorsand “handlers” (those who broker or transport hemp). Processors need a separate permit (fee schedule set by SCDA)hempcbdbusinessplans.comlaw.justia.com. Retail sales of hemp-derived CBD products generally do not require a special state license – any retail business license sufficespaymentcloudinc.com. (SC does require that anyone selling hemp flowers or leaves must be a licensed handler or farmer; unprocessed hemp “plant material” can’t be sold to consumers under Department of Agriculture policyfoxcarolina.comfoxcarolina.com.)

  • Product Regulations (Delta-8 THC and Others): A current regulatory challenge is hemp-derived cannabinoidslike Delta-8 THC that have psychoactive effects. South Carolina authorities maintain that Delta-8 THC is illegalunless specifically exempted, because state law’s Schedule I covers all “tetrahydrocannabinols” (not just delta-9)collinsandlacy.com. The state Attorney General issued an opinion in 2021 opining that delta-8 products are not protected by the hemp law if they exceed 0.3% delta-9 THCcollinsandlacy.comcollinsandlacy.com. Nonetheless, delta-8 and similar products (Delta-10, THC-O, etc.) have been sold in stores, exploiting ambiguities in the hemp law. In response, regulators are cracking down. In January 2024, the SC Department of Health and Environmental Control (DHEC) issued a notice that Delta-8, Delta-9, and Delta-10 THC may not be added to foods or beverages in South Carolinafoxcarolina.comfoxcarolina.com. DHEC’s memo to hemp farmers and processors listed multiple banned product types: non-sterilized hemp plant material, Delta-8/Delta-9 THC extracts, THC-O acetate, and any full-spectrum hemp extracts that make health claimsfoxcarolina.comfoxcarolina.com. It also reminded retailers that any hemp food products must be made in inspected facilities and cannot be marketed with medical claimsfoxcarolina.com. Separately, some local police departments have warned stores against selling delta-8. In August 2023, Columbia Police sent letters to dozens of retailers asserting that Delta-8 THC products are illegal and must be removed, citing the state AG’s opinioncollinsandlacy.com. These enforcement actions signal that South Carolina considers unregulated psychoactive hemp derivatives unlawful, pending explicit legislation.

  • Taxes: There is currently no special cannabis tax in South Carolina because no legal cannabis sales (beyond hemp) exist. Hemp products and CBD sold at retail are typically subject only to standard state sales tax (and local sales tax) as applicable to general merchandise. If South Carolina legalizes medical cannabis, the legislature could impose a sales tax or excise tax on cannabis products. (For example, some proposed bills have treated medical cannabis similar to pharmaceuticals which might be exempt from tax, whereas a recreational legalization could involve an excise tax through the Dept. of Revenuescstatehouse.govscstatehouse.gov.) The 2023 “Marijuana Control Act” bill (which aimed to legalize and regulate adult use) assigned oversight to the Department of Revenuescstatehouse.gov and presumably would have created a tax structure, but that bill did not advance. As of 2025, cannabis businesses are not paying any cannabis-specific taxes in South Carolina.

  • Operational and Zoning Rules: In absence of legal cannabis businesses, there are no state zoning or location rules specific to dispensaries/grows (since none can legally operate). However, existing proposals give a preview. The medical cannabis bill would allow municipalities and counties to prohibit medical cannabis establishmentswithin their boundaries by local ordinancemaynardnexsen.com. If not prohibited, dispensaries would likely have to adhere to zoning akin to pharmacies or medical facilities, and could be barred from locating near schools or churches (such buffer rules often appear in other states’ laws, and SC localities might impose similar restrictions). The bill text required that no more than 3 dispensaries operate per county, which inherently limits geographic concentrationnorml.org. On the hemp side, farming is generally allowed in agricultural zones with a license. There have been local debates about hemp processing facilities (e.g. odors or waste), but the state law defers to general industrial regulations. Retail stores selling CBD have proliferated and typically are treated as regular retail for zoning, except that some jurisdictions have considered them “smoke shops.” It’s noted that “laws can vary from county to county and even city to city” on what hemp products are allowed at retailcharlestoncitypaper.com. For instance, one county might ban smokable hemp flower sales, while another does not enforce such a ban. Businesses in this space must stay updated on both state regulations and any local ordinances.

  • Hemp Industry Compliance: Hemp licensees face strict compliance mandates. They must submit to random field testing of THC levels and provide reports of acreage and harvest. In recent years, compliance has been an issue – many farmers overplanted during the hemp “boom” of 2018–2019 and then struggled with unsold crops due to market glut and regulatory limits. By 2024, the number of active hemp farmers dropped (as noted, to under 100)charlestoncitypaper.com, indicating a contraction of the industry to more serious, compliant players. The SC Department of Agriculture in 2022 received USDA approval for its state hemp plan, which includes compliance checks and enforcement of federal requirements (e.g. mandatory disposal of crops above 0.3% THC, reporting of land use to Farm Service Agency). Non-compliance can result in license revocation or criminal charges if someone is deemed to be growing marijuana under guise of hemp. Overall, while hemp/CBD businesses are legal, they are highly regulated and face evolving rules (especially regarding derivatives like Delta-8). Businesses should also be mindful that all THC extracts (>0.3% delta-9) remain Schedule I under state lawcollinsandlacy.com – meaning outside the hemp program, they are contraband.

4. Individual Consumer Laws (Transport, Possession, Use)

  • Possession for Personal Use: As discussed in section 1, personal possession of marijuana is a crime in South Carolina, with no exceptions beyond the limited CBD oil for epilepsy. An individual is not legally allowed to have any amount of cannabis for recreational purposes. If a person is found with up to one ounce, it’s typically charged as simple possession (misdemeanor)law.justia.com; above an ounce likely brings intent-to-distribute chargeslaw.justia.com. Even mere residue or a single joint can result in arrest. The law does not distinguish “personal use” versus “intent to sell” by weight except using the one-ounce threshold as an evidentiary triggerlaw.justia.com. Also, possession of hashish or concentrates is treated similarly – the law specifies 10g of hashish or less is a misdemeanor (parallel to <1 oz marijuana)law.justia.com. Possession of any cannabis paraphernalia (pipes, bongs, etc.) is also illegal: advertising or selling drug paraphernalia is a misdemeanor under §44-53-391law.justia.comlaw.justia.com. In short, an individual consumer in SC cannot lawfully possess or use THC-containing cannabis. The only somewhat “safe” products are those derived from hemp (containing ≤0.3% THC) or the special 0.9% THC CBD oil for certain patientsmpp.orgmpp.org.

  • Transport and Travel: It is illegal to transport marijuana in South Carolina. Having marijuana in a vehicle is treated as possession (or trafficking if large amounts). Notably, state law makes it a felony to “bring into this State”any controlled substance, which is part of the trafficking statutelaw.justia.com. So crossing the state line with cannabis can trigger additional penalties. If one drives with personal-use amounts, they face the same simple possession charges upon discovery. Police frequently use traffic stops as an opportunity to search for drugs; the odor of cannabis is often cited as probable cause (though with hemp’s prevalence, odor alone has become contentious evidence). Hemp Products: Individuals may legally transport hemp-derived CBD products within South Carolina, provided they are compliant (≤0.3% delta-9 THC). For example, one can carry CBD oil, hemp flower, or edibles that meet the definition of legal hemp. However, carrying large quantities of raw hemp flower might invite law enforcement scrutiny since it’s visually/smell indistinguishable from illegal marijuana. The burden would be on the individual (or prosecutor) to prove it’s lawful hemp. The State Law Enforcement Division (SLED) and local agencies have had to invest in lab testing of suspected marijuana to confirm THC levelsduigreenville.comduigreenville.com. This led to significant backlogs in prosecutions around 2019–2020 when hemp became common – hundreds of cases were delayed or dismissed because labs could not quickly differentiate hemp vs. marijuanaduigreenville.comduigreenville.com. As a practical matter, an individual carrying a vape cartridge or gummy could be possessing an illicit high-THC product under the guise of hemp; enforcement is inconsistent pending lab results. It’s wise for consumers to keep documentation (like product COAs) if transporting CBD products.

  • Use and Consumption Restrictions: Under current law, an individual cannot legally consume marijuana anywhere in South Carolina. Using cannabis (smoking, vaping, eating an edible) violates the possession law. There are no designated consumption sites or “cannabis cafes.” Consumption in private homes is equally illegal, though detection is less likely unless law enforcement is alerted. Consumption in public is especially risky – one could be charged with drug possession and potentially other offenses (e.g. public disorderly conduct). If an adult is found smoking marijuana in public, they face arrest; there is no civil citation or fine-only system at the state level. (Note: A proposed reform, H.3804 in 2025, would make possession of 1 ounce or less a civil offense with a finescstatehouse.govscstatehouse.gov, but as of now this is not law.) Furthermore, any cannabis use around children could trigger child endangerment or additional penalties. South Carolina law provides that distributing a controlled substance to a minor or even in the presence of a minor can enhance charges (e.g., an adult who gives marijuana to someone under 18 faces a felony with 5–15 years imprisonment)law.justia.comlaw.justia.com.

  • Driving: Consumers must be aware of strict DUI enforcement for drugs. Even if one is a medical CBD user, driving after consuming any THC could lead to a DUI if impairment is observed. South Carolina has no per se THC blood limit, but officers use field sobriety tests and Drug Recognition Experts to assess impairmentjohnnewkirklaw.comjohnnewkirklaw.com. Refusal to submit to blood/urine testing when suspected of drug DUI can result in license suspension under implied consent lawslaw.justia.com. In summary, individuals should not drive after using any cannabis or impairing hemp products.

  • Summary: For an individual consumer, possession = illegality in SC. You cannot lawfully buy cannabis (no dispensaries exist), cannot legally possess even a gram of marijuana, and cannot consume it. If you use legal hemp/CBD, ensure it’s truly compliant. Transport of any contraband cannabis can lead to arrest. The best an individual can do under current law is use hemp CBD products or FDA-approved prescription cannabinoids (like dronabinol or Epidiolex) – those are legal. Anything else, the law treats you as a criminal offender, albeit with some leniency for first-time small amounts (conditional discharge)law.justia.comlaw.justia.com. South Carolina’s stance is among the most restrictive in the nation for individual cannabis usersmpp.org.

5. Local Ordinances and Municipal Policies

South Carolina state law preempts most local action on cannabis – municipalities and counties cannot legalize what state law prohibits. Thus, no city or county can outright decriminalize marijuana possession or create a local licensing scheme in conflict with state law. However, local governments have taken some measures that indirectly affect cannabis enforcement and hemp businesses:

  • Local Enforcement Priorities: While not formal decriminalization, some local law enforcement agencies have discretion in handling low-level possession. For example, a few years ago the city of Columbia’s police announced a policy shift to issue citations (tickets) in lieu of custodial arrest for simple possession in many cases. This was an administrative decision aligning with available pretrial intervention options – offenders may be cited and referred to the Pretrial Intervention Program (PTI) rather than jailed, especially on first offenseslaw.justia.comlaw.justia.com. It’s important to note the law still treats it as an arrest/charge (misdemeanor), but local officers might not physically book every person caught with a small amount. Some other jurisdictions have similar lenient stances due to limited jail resources, but this varies. There is no uniform statewide policy of non-enforcement; many areas actively prosecute all marijuana offensesmyrtlebeachcriminaldefenselawyer.com. Unlike neighboring states (e.g., North Carolina, which decriminalized up to 0.5 oz in 1977), South Carolina has no state decrim, so any “softening” is at best informal.

  • Municipal Ordinances: A few cities have passed resolutions or ordinances related to cannabis. These typically do not legalize possession, but express intent. For instance, some city councils have symbolically endorsed medical cannabis reforms at the state level. In 2021, the City of Columbia considered an ordinance to make possession of small amounts the lowest law enforcement priority, but since state law still required charges, the practical effect was limited. No city in SC has made simple possession only a municipal infraction (as seen in some other states), because doing so could conflict with state law. Thus, local ordinances have not materially changed possession penalties – offenders are charged under state law, not local law.

  • Hemp and CBD Sales – Local Variation: Where local rules do come into play is with hemp-derived products. Because the legality of products like delta-8 THC is debated, some localities have taken action. Columbia (the capital city) is an example: in 2023, Columbia Police, backed by the city attorney, sent notices to shops warning that delta-8 THC products violate state law and must be removedcollinsandlacy.com. This effectively banned the open sale of delta-8 in Columbia, even though state law hadn’t explicitly banned it (aside from the AG opinion). In contrast, other cities like Charleston have had numerous stores openly selling delta-8 gummies and THC-O products. Charleston officials have voiced concern but tended to await state guidance. As a result, the legality of certain hemp products can vary by city/countycharlestoncitypaper.com. Some conservative counties might aggressively raid stores selling psychoactive hemp edibles, while others might permit it until the state passes clear regulations. Local law enforcement attitudes are key – e.g., a sheriff in one county might consider any THC product illegal and enforce accordingly.

  • Zoning and Moratoriums: Anticipating future cannabis businesses, a few local governments have debated zoning restrictions. For example, some jurisdictions have discussed ordinances that would ban dispensaries if medical marijuana is legalized. The medical cannabis bill explicitly gave local governments the right to opt out of allowing dispensariesmaynardnexsen.com, and some city councils signaled they would use that ban (concerned about “pot shops” in their towns). On the other hand, more progressive cities (Columbia, Charleston, Greenville) might opt in and zone where dispensaries could go (e.g., commercial districts, with distance buffers from schools). For now, this is hypothetical. Regarding hemp stores: a few towns have treated CBD stores or vape shops selling delta-8 similar to adult businesses, using zoning to restrict them. For instance, a town could require CBD retailers to be in certain commercial zones or not within X feet of a school. Local fire and health codes also come into play – some counties required hemp extraction facilities to get special permits due to the use of flammable solvents, etc.

  • Law Enforcement Policy Shifts: In the absence of legislative change, some solicitors (prosecutors) have adjusted policies. It’s reported that in certain circuits, solicitors are more likely to offer Pretrial Intervention (PTI) or conditional discharge for first-time cannabis possession, effectively resulting in dismissal if the defendant completes requirementslaw.justia.com. This is not a formal “decriminalization,” but it’s a discretionary practice that varies by judicial circuit. Additionally, after hemp became legal, some police departments paused arrests for marijuana until lab confirmation, because field tests could no longer differentiate hemp vs. marijuana. This has slowed down enforcement in some localities and led to many case dismissals if lab results were delayedduigreenville.comduigreenville.com. Greenville County, for example, had nearly 1,000 marijuana cases backlogged awaiting lab tests in the 9 months following hemp’s legalization, causing prosecutors to dismiss or plea down hundreds of cases due to the evidence issuesduigreenville.comduigreenville.com. This informal fallout from hemp legalization meant that in practice some small-time offenders faced no consequences, depending on the lab situation. However, none of this is because of a policy choice to decriminalize – it’s logistical.

In sum, local deviations are limited: no local government in SC can fully depart from state prohibition. Some, like Columbia, have taken a stricter line on novel THC products, while others effectively tolerate certain gray-area sales. Enforcement intensity can depend on the county; e.g., urban areas might prioritize violent crime over minor pot busts, whereas rural counties might still vigorously pursue all drug offenses. Anyone in South Carolina should assume that state law will be enforced unless they are certain of a specific local leniency. It’s also worth watching the 2024 general election – the legislature authorized a 2024 advisory referendum for voters to voice support or opposition to medical and recreational legalization (a non-binding question)scstatehouse.govscstatehouse.gov. That referendum, while only advisory, reflects that some lawmakers want to gauge public sentiment locally. The results could influence how local representatives (and thus local policies) shift in the future.

6. Recent Changes (2023–2025)

South Carolina has seen significant legislative activity from 2023 to 2025 regarding cannabis, though no major new laws have taken effect as of mid-2025:

  • Medical Cannabis Legislation: The period 2021–2024 saw the most progress ever on medical marijuana in SC. In early 2022, the state Senate passed the Compassionate Care Act (S.150) – the first time a medical cannabis bill cleared one chambermaynardnexsen.com. That bill died in the House on a technical objection in May 2022. In 2023, Senator Tom Davis re-introduced the bill (S.423) and by February 2023 the Senate again passed it by a vote of 28–15maynardnexsen.comsouthcarolinapublicradio.org. However, the House leadership did not advance it out of committee, and the 2023–2024 session ended without a House votesouthcarolinapublicradio.org. This failure was a major disappointment to advocates, especially since public polling showed strong support for medical usenorml.org. In response, some pro-cannabis legislators pushed for alternative strategies: one was a statewide advisory referendum. Senator Mia McLeod introduced a joint resolution (S.212) to place a non-binding referendum on the 2024 general election ballot asking voters if they favor legalizing marijuana for medical and recreational purposesscstatehouse.govscstatehouse.gov. That bill did not progress far, but it indicates growing pressure to let voters weigh in. As the new 2025–2026 session began, lawmakers immediately signaled plans to re-file the medical cannabis billmpp.org. Indeed, on January 10, 2025, a new version of the Compassionate Care Act was pre-filed (S.53 in 2025) and referred to committeelegiscan.comlegiscan.com. Given that the Senate has passed it twice, 2025 is seen as a critical year to lobby the House to finally approve a medical program. In short, no new medical cannabis law is in effect yet, but 2023–2024 built momentum and 2025 will bring another attempt.

  • Adult-Use and Decriminalization Bills: While full legalization remains a long shot in SC’s conservative legislature, there have been recent decriminalization efforts. In 2023, a bipartisan group in the House introduced H.3530 to remove criminal penalties for small amounts, but it saw little action. Notably, in January 2025, Representatives Hart, King, and Henderson-Myers introduced H.3804 (2025) to decriminalize possession of 1 ounce or less of marijuanascstatehouse.gov. This bill would amend §44-53-370(d)(5) to make ≤1 oz/≤10g hash a civil offense with a fine, allowing police to issue a citation instead of making an arrestscstatehouse.govscstatehouse.gov. The penalties would remain $100–$200 for first offense but treated like a ticket (no jail)scstatehouse.gov. As of the latest status (introduced and in committee in 2025), it has not passed. A similar decrim proposal was filed in 2023 (H.3361/S.133) but stalled. On the recreational legalization front, 2023’s “Marijuana Control Act” (S.211 by Sen. McLeod) proposed a full regulatory system for adult use (21+), including licensing by the Dept. of Revenue and rules against public smokingscstatehouse.govscstatehouse.gov. That bill didn’t advance beyond introductionscstatehouse.gov, given strong opposition from legislative leaders and the governor’s stated intent to veto recreational legalization. However, its existence shows a blueprint of how SC might handle adult-use if attitudes shift (it would create a Chapter 15 in Title 61 for marijuana, treating it somewhat like alcohol with state licensingscstatehouse.govscstatehouse.gov). In summary, no recreational legalization has occurred, but for the first time we see comprehensive adult-use bills being proposed (even if they languish in committee).

  • Hemp-Derived Cannabinoid Regulation: A noteworthy change in late 2024 was a legislative response to unregulated THC analogs. Bill S.137 (2025), pre-filed December 2024, aims to add a new Chapter 56 to Title 46 to regulate products containing hemp-derived cannabinoidsscstatehouse.govscstatehouse.gov. This bill (and its House companion H.3601) was prompted by the proliferation of Delta-8 THC products. It would impose an age limit (18+) for purchasing any hemp-derived cannabinoid productscstatehouse.govscstatehouse.gov, forbid free samples and sales via self-service, and require retailers to check IDscstatehouse.govscstatehouse.gov. It also explicitly bans certain synthetic cannabinoids by listing various THC isomers (delta-8, delta-10, THC-O, etc.) as prohibited additives except in compliant hemp extractsscstatehouse.govscstatehouse.gov. Essentially, this legislation seeks to close the loopholes that allow gas stations to sell intoxicating hemp gummies. As of early 2025, S.137 is in committee (Agriculture & Natural Resources)scstatehouse.gov. Concurrently, regulators like DHEC (in Jan 2024 letter) have already declared many of those products off-limits in food/drinksfoxcarolina.comfoxcarolina.com. We can expect by late 2025 a tightening of laws around Delta-8 and similar cannabinoids, either through this bill or agency rules.

  • Law Enforcement and Judicial Developments: In the courts, one indirect “change” from 2020 onward has been how marijuana prosecutions are handled post-hemp. Many solicitors adopted policies requiring lab confirmation of THC content for possession cases, which significantly slowed prosecutions. This led some counties to drop low-level cases. For example, Greenville County’s backlog (mentioned earlier) forced dismissal or plea deals in nearly 1,000 cases in 2019duigreenville.comduigreenville.com. By 2023, the State Law Enforcement Division (SLED) improved testing capabilities (using GC-MS machines) to distinguish hemp vs. marijuanaduigreenville.com. This has gradually allowed more prosecutions to proceed, but it was a de facto pause in enforcement in some areas. There haven’t been prominent appellate court decisions in SC addressing cannabis in this timeframe, but one could anticipate litigation over the legality of delta-8 or the constitutionality of certain searches (e.g., whether the smell of marijuana still provides probable cause given legal hemp). In 2021, the SC Court of Appeals did rule that the odor of marijuana could still justify a search since marijuana remains illegal (essentially officers are not required to determine if it’s hemp or marijuana at the scene). The state Supreme Court has not yet taken a major cannabis case during 2023–25.

  • Administrative Changes: Apart from DHEC’s guidance on hemp edibles, another agency action was the Attorney General’s Opinion (Oct 4, 2021) regarding delta-8, which though earlier, has shaped 2023–2024 enforcement. The AG concluded delta-8 is illegal unless explicitly allowed, which in practice emboldened some prosecutors to charge store owners for selling “controlled substance analogues.” At least one county (York County in 2022) brought charges against retailers for delta-8 products, though outcomes are unclear. The AG’s opinion isn’t law but is persuasive authority and has been cited by police (like Columbia PD)collinsandlacy.com. In 2023, the SC Law Enforcement Division (SLED) also clarified that any hemp products exceeding 0.3% delta-9 THC (including in beverages) are contraband – which is consistent with federal law.

  • Political Developments: In the span of 2023–2025, South Carolina’s political landscape on cannabis is slowly shifting. Several Republican lawmakers (who dominate the General Assembly) have become vocal champions of medical cannabis (e.g., Sen. Tom Davis, Rep. Bill Herbkersman), framing it as a compassionate, tightly regulated option – this bipartisan support is why the Senate passed the bill twicesouthcarolinapublicradio.orgsouthcarolinapublicradio.org. Opposition remains from certain key figures (like former House Speaker Jay Lucas and some in law enforcement). Governor Henry McMaster has not been enthusiastic, and any recreational bill would likely meet a veto. However, the trend is toward incremental change: first medical, possibly decriminalization next. Neighboring states also provide pressure – for instance, Georgia now has a limited THC oil program, and North Carolina in 2022 legalized medical THC for PTSD (expected to take effect 2024). South Carolina risks falling behind, and lawmakers in 2025 are acutely aware of that. Public opinion appears to favor reform: beyond the 76% support for medicalnorml.org, polls show a majority of South Carolinians support at least decriminalizing small amounts. The advisory referendum (if it proceeds in 2024) could show strong voter support, which might spur legislative action in 2025.

In summary, 2023–2025 brought a flurry of bills and policy clarifications but not a change in substantive law (yet). The groundwork has been laid for a possible breakthrough on medical cannabis in the near future. Meanwhile, the state is tightening control on hemp derivatives to prevent a “back-door” legalization of intoxicating products. Enforcement trends show slight relaxation (fewer jailings for small possession, more conditional discharges), but South Carolina remains one of the few states where people are still regularly arrested, prosecuted, and even jailed for cannabis. As of the latest updates, advocates are hopeful that 2025 could finally be the year South Carolina enacts a full medical cannabis programmpp.orgmpp.org.

7. Enforcement Trends and Data

Despite national trends toward leniency, South Carolina’s enforcement of cannabis laws has remained relatively strict, though there are signs of gradual change:

  • Arrest Rates: South Carolina continues to arrest a high number of individuals for cannabis, especially for simple possession. According to FBI Uniform Crime Reporting data, over 10,000 arrests for marijuana possessionoccurred in South Carolina in 2023 alonempp.orgmpp.org. This places South Carolina among the top states for marijuana arrests per capita. In fact, SC is one of only 19 states that still imposes jail time for first-offense possession of small amountsmpp.org. The vast majority of these arrests are for low-level possession (misdemeanors), not trafficking. However, there is evidence that arrest totals have declined somewhat from a decade ago, likely due to officer discretion and the impact of the hemp law (which complicated some enforcement, as noted). Nonetheless, on average around 30 people a day are charged with marijuana offenses across the state.

  • Racial Disparities: (While not explicitly asked, it’s a common point in enforcement.) Studies by civil rights groups have shown that Black individuals in South Carolina are arrested for marijuana at several times the rate of white individuals, despite similar usage rates. For example, ACLU reports (circa 2020) found Black South Carolinians were ~3.5 times more likely to be arrested for marijuana than whites. This disparity has been raised in legislative debates as an argument for reform.

  • Prosecution & Disposition: A significant portion of simple possession cases are ultimately not resulting in jail time. Many first offenders use conditional discharge or pretrial intervention (PTI) to avoid a convictionlaw.justia.com. Conditional discharges (under §44-53-450) allow dismissal upon completing probation/treatment and payment of a feelaw.justia.comlaw.justia.com, and the record can be expungedlaw.justia.comlaw.justia.com. According to state judicial records, hundreds of simple possession charges each year end in conditional discharge or PTI, especially for young offenders. Repeat offenders, however, can face harsher outcomes: a second possession conviction carries up to one year in jaillaw.justia.com, and while jail sentences are often suspended, some do serve short stints or get substantial fines.

  • Drug Enforcement Priorities: Law enforcement in SC has historically treated marijuana as a lower priority than opioids or violent crime, but still a priority relative to decrim states. Notably, some counties effectively deprioritized minor marijuana arrests after 2019 because of the need for lab tests (the “hemp effect”). SLED had to train and equip labs to measure THC; until that was sorted out, many agencies stopped actively searching for misdemeanor marijuana (since prosecutions were uncertain). By 2021, SLED and the SC Attorney General pushed to resume enforcement, emphasizing that officers have the right to seize suspected marijuana and that most hemp license holders wouldn’t be driving around with pounds of raw product. As testing backlogs eased, anecdotal reports suggest possession charges ticked back up in 2022. Still, some police departments (especially in larger cities) now often issue a citation/summons for simple possession instead of a physical arrest, to save resources. This means a person might be ticketed and released, then have to appear in court – a slight shift from automatically hauling every offender to jail.

  • Decriminalization Discussion: The persistence of high arrest numbers has led to ongoing decriminalization talks. In legislative sessions 2021–2023, multiple decrim bills were introduced (as mentioned, e.g., H.3561 in 2023, H.3804 in 2025) aiming to stop treating possession as a criminal offensescstatehouse.gov. While none have passed, the discussion in committee hearings indicates some bipartisan support for at least not jailing people over a joint. Law enforcement representatives (Sheriffs’ Association, SLED) have generally opposed decriminalization, arguing it could increase usage and complicate searches (since distinguishing legal vs illegal amount might be tricky). However, some officials have shown openness to a conditional civil fine approach. The 2025 bill, for instance, would still classify >1 oz as a crime but make ≤1 oz a civil citation with a fine—law enforcement did not immediately reject this idea, focusing instead on opposing full legalization.

  • Marijuana Trafficking Enforcement: South Carolina law enforcement does aggressively target large-scale cannabis trafficking. The state’s position on the I-95 corridor means lots of illicit shipments pass through. SLED and highway patrol have made multi-pound seizures (sometimes hundreds of pounds) destined for or coming from Florida up the coast. Those cases are charged under the harsh trafficking statuteslaw.justia.com, which mandate prison time. In 2023, for example, SLED reported dismantling a grow operation in York County seizing 400 plants (an illegal grow valued over $1 million). Federal agencies (DEA) also partner on major busts. So, while a casual user might face a ticket, a person caught with, say, 50 lbs of marijuana is very likely going to prison in SC. The sentencing data from the SC Sentencing Commission shows dozens of trafficking convictions per year (with many plea bargains to lesser charges).

  • Compliance and Enforcement in Hemp Industry: Enforcement isn’t only on the illicit side; regulators enforce rules on the legal side too. The Department of Agriculture and SLED have conducted inspections of hemp farms and sometimes found non-compliance (THC too high or unreported fields). There were instances in 2019–2020 of law enforcement raiding unlicensed growers who claimed to be hemp farmers but didn’t have licenses or grew in prohibited locations. One notable incident: in 2019, SLED raided a hemp farm in Marion County and confiscated the crop, alleging the farmer grew more acres than permitted and had plants above 0.3% THC. That led to a legal dispute highlighting the fine line hemp farmers walk. These enforcement actions underscore that licensed hemp producers must strictly follow the law or face serious consequences (their product becomes “marijuana” legally if it breaks the rules).

  • Law Enforcement Training: SC has been increasing training for officers in drug detection and distinguishing hemp. Many officers are now ARIDE or DRE trained (Advanced Roadside Impaired Driving Enforcement / Drug Recognition Experts) to better identify drivers under marijuana influence since they can’t rely on a breathalyzerjohnnewkirklaw.comjohnnewkirklaw.com. This suggests DUI enforcement for cannabis is an ongoing priority.

In conclusion, enforcement data reflect a state that, despite some modernization (less jail for small possession, adaptation to hemp law), still treats cannabis use as unlawful and worthy of law enforcement intervention. Thousands are still getting arrested yearly, though avenues exist to avoid conviction. The trend is slowly toward fewer punitive measures for users (as seen by the push for civil fines and the routine use of PTI), but until the laws change, South Carolinians face significant legal risks for cannabis. As MPP bluntly stated in 2025: “South Carolina continues to jail cannabis consumers”mpp.org – a reality that reform advocates are working to change.

8. Historical Context and Timeline

South Carolina’s cannabis policy has evolved from full prohibition toward modest allowances for hemp and medical CBD. Below is a brief timeline of major developments:

  • Early Prohibition (1930s–1970): South Carolina, like all states, effectively banned cannabis by adopting the federal Marihuana Tax Act of 1937 rules and later the federal Controlled Substances Act of 1970. Cannabis was classified as a Schedule I narcotic under state law by the 1970s, with harsh penalties during the “War on Drugs” era. In the 1980s, simple possession in SC was a misdemeanor with up to 6 months jail (the law was slightly softened in the 90s to max 30 days for first offense).

  • 2014 – CBD Oil Legalized for Epilepsy: This was the first crack in prohibition. “Julian’s Law” (SB 1035) was enacted in June 2014, signed by Gov. Nikki Haleyen.wikipedia.org. It created a limited exemption for cannabidiol oil (CBD) with ≤0.9% THC for patients with severe epilepsympp.orgmpp.org. The law was named after a child with Dravet Syndrome (Julian) whose family advocated for CBD treatment. This law did not legalize marijuana dispensaries or cultivation – it simply protected certain patients from prosecution for possessing CBD oil. It also authorized MUSC (Medical University of SC) to conduct clinical trials with high-CBD oil if FDA-approvedmpp.org. Julian’s Law was South Carolina’s version of the low-THC “Claire’s Law” or “Haley’s Hope”seen in Southern states – a very narrow medical carve-out. It was added to Title 44 (Health) in the definitions of marijuana, essentially stating that qualifying CBD preparations are not “marijuana” under state lawmpp.orgmpp.org.

  • 2017 – Hemp Farming Authorized (Pilot Program): Anticipating the 2018 Farm Bill, SC enacted its own Industrial Hemp Pilot Program in 2017en.wikipedia.org. The initial program (2018 growing season) licensed 20 farmers to grow up to 20 acres eachen.wikipedia.org. In 2018, this expanded to 50 farmers (50 acres each)en.wikipedia.org. This pilot was under the 2014 federal Farm Bill which allowed research hemp. The early years saw intense interest – farmers applied in droves for limited slots. Hemp cultivation resumed legally for first time in decades.

  • 2018 – Farm Bill & Expansion of Hemp (2019): The 2018 U.S. Farm Bill in December 2018 fully legalized hemp nationwide. South Carolina responded with the Hemp Farming Act of 2019, aligning state law with federal law. This removed limits on number of licenses and acreage in SC (shifting from “pilot” to full program). In 2019, SCDA opened applications widely, and by 2020, as mentioned, over 260 farmers got licensedcharlestoncitypaper.com. However, the boom was followed by a bust due to oversupply and regulatory issues (leading to under 100 active growers by 2024)charlestoncitypaper.com.

  • 2018–2019 – Law Enforcement Adjustments: With hemp legal, SC law enforcement faced challenges. In mid-2019, there were incidents of police seizing hemp shipments thinking it was marijuana. The Attorney General had to advise that hemp is legal as long as THC is ≤0.3%. Some confusion reigned, and SLED developed protocols for distinguishing hemp, including sending samples to DEA labs initially. By 2020, SLED acquired its own quantitative testing equipment and trained officers to recognize differences. SC did not ban smokable hemp explicitly (some states did), but attempted legislation in 2019 to ban raw hemp flower sales did not pass – meaning theoretically people could possess raw hemp buds, complicating police work. This period set the stage for the 2021 AG opinion on delta-8.

  • 2021 – Delta-8 THC Controversy: After the hemp boom, products with psychoactive cannabinoids like delta-8 THC became popular in SC shops. In October 2021, SC Attorney General Alan Wilson issued an Advisory Opinion stating delta-8 THC, even if derived from hemp, is a Schedule I controlled substance under state law (because state law’s exemption for hemp only applies to delta-9 THC ≤0.3%)collinsandlacy.comcollinsandlacy.com. The AG essentially concluded hemp legalization did not legalize delta-8. This opinion was not law but strongly influenced enforcement: some retailers removed products; others continued until warned by police in 2022–23.

  • 2022 – Medical Cannabis Nearly Passes: A historic milestone – in February 2022, the SC Senate for the first time passed a medical marijuana legalization bill (S.150)maynardnexsen.com. The bill was extremely restrictive (no smoking, limited conditions, etc.), crafted by Sen. Tom Davis over 7 years. It went to the House, where in May 2022 it was struck down on a technical parliamentary issue (House leadership ruled it violated the origination clause because it contained fees, which are considered taxes) and thus didn’t get a vote. This was a major event, signaling that one chamber of the legislature was willing to legalize medical cannabis access. Also in 2022, an advisory referendum idea was floated in the House but did not materialize.

  • 2023 – Second Attempt and Senate Passage (Again): In early 2023, supporters re-introduced the medical bill (now S.423). The Senate expedited it and by March 2023 had passed it 27–10 (showing bipartisan support)southcarolinapublicradio.org. However, House Speaker Murrell Smith was reportedly not inclined to prioritize it, and it languished in House Medical Committee through 2023 and into 2024. On the recreational front, 2023 also saw the introduction of a comprehensive Marijuana Control Act (S.211) and a separate advisory referendum bill (S.212)scstatehouse.gov, indicating at least some lawmakers wanted to discuss full legalization. These did not advance, but they represent the first serious recreational cannabis bills in SC history.

  • 2023 – Local and Agency Actions: Throughout 2022–23, as noted, the City of Columbia and some other jurisdictions started enforcing the AG’s delta-8 stance. By mid-2023, Columbia police actively pressured shops to stop selling delta-8collinsandlacy.com. In late 2023, likely in response to reports of THC gummies sold to minors, legislators drafted what became S.137 (to regulate hemp products, pre-filed Dec 2024)scstatehouse.gov. Also in 2023, South Carolina Public Safety officials (DHEC, DAODAS) launched public awareness that edibles with delta-9 THC (even if derived from hemp) and delta-8 products are not legal for unlicensed sale.

  • 2024 – House Stalls, Public Radio Highlights Issue: By May 2024, it was clear the House would not take up S.423 (medical) before adjournment, effectively killing it until 2025southcarolinapublicradio.orgsouthcarolinapublicradio.org. This prompted frustration and media coverage – e.g., SC Public Radio ran stories on the stalled billsouthcarolinapublicradio.org, and patient advocates became more vocal. On the ground, nothing changed legally in 2024: patients still waited, and recreational use was still policed. However, the conversation had shifted, with even some law-and-order Republicans conceding medical use has merit.

  • Jan 2025 – New Session, New Bills: The 2025 legislative session began with renewed efforts. As mentioned, medical cannabis was refiled (now as S.53)legiscan.com; a decriminalization bill (H.3804) was filed in the Housescstatehouse.govscstatehouse.gov; a hemp delta-8 regulation bill (S.137/H.3601) carried over from pre-filingscstatehouse.gov. This shows that cannabis policy remains a live issue. South Carolina is on the cusp of change relative to its past absolute prohibition stance.

  • Historical Note on Enforcement: It’s worth noting that South Carolina never implemented any state-level decriminalization in the 1970s when a few states did. In fact, SC slightly increased penalties in the 1980s (making second offense possession a felony for a time). Those were later adjusted; by the 2000s SC had the current scheme (first offense misdemeanor, second offense still misdemeanor but higher penalty). So historically, SC has been quite punitive on cannabis. The introduction of conditional discharge (the law allowing first time offenders dismissal) was a significant reform; §44-53-450 creating conditional discharge was added in the early 1990s as part of a criminal justice reformlaw.justia.comlaw.justia.com. That at least provided a path to avoid a record for minor offenses – a forward-thinking measure for its time.

  • Looking Ahead – 2020s: The historical trajectory suggests South Carolina moves slowly and cautiously. The hemp experiment (2017–2019) was a success in legalizing an agricultural crop, although it brought new challenges. The CBD oil law of 2014 was a narrow step that paved the way for broader medical debate. Now, after a decade of advocacy, the state is closer than ever to a real medical cannabis programmpp.org. If and when that passes, it will mark the biggest shift in SC cannabis law in modern history. Further on, decriminalization of small amounts could logically follow (especially if medical is implemented and working). Full adult-use legalization is likely years away unless federal law forces the issue or regional pressure mounts (for example, if a neighboring state legalizes, SC might reconsider to avoid illicit inflow).

Major Legislative Milestones Recap:

Throughout this history, South Carolina’s Code of Laws has been gradually amended to reflect these changes. For instance, the definition of “marijuana” in §44-53-110 was amended to exclude 0.9% THC CBD oil for epilepsy after 2014, and Title 46 was amended to add the hemp chapter after 2018. Yet, the core prohibition in §44-53-370 and §44-53-190 (schedules) remains intact for traditional cannabis. The state’s journey on cannabis is one from total prohibition toward a carefully controlled medical allowance and agricultural hemp industry – but it has a long way to go to catch up with more liberal states.

9. Relevant South Carolina Code Sections and Citations

Below is a list of key legal provisions and resources cited in this guide for reference:

  • S.C. Code Ann. §44-53-370 – Prohibited acts A; penalties for manufacture, distribution, possession, etc. Key subsections:

    • §44-53-370(a): It is unlawful to manufacture, distribute, dispense, deliver, purchase or possess with intent to distribute controlled substances (covers illegal sales and cultivation)law.justia.com.

    • §44-53-370(d)(5): Possession of ≤1 oz marijuana (≤10g hash) is misdemeanor (≤30 days jail/$100-$200) for 1st offense; subsequent offense ≤1 year/$200-$1,000law.justia.comlaw.justia.com. More than 1 oz is prima facie evidence of intent to distributelaw.justia.com.

    • §44-53-370(e)(1): Trafficking in marijuana defined by weight (≥10 lbs) with mandatory minimum sentences (e.g., ≥10 lbs = 1–10 years & $10k fine)law.justia.comlaw.justia.com. Higher thresholds (100 lbs, 2,000 lbs, 10,000 lbs or plant counts) have escalating penaltieslaw.justia.comlaw.justia.com.

  • S.C. Code Ann. §44-53-110 – (Definitions) Definition of “marijuana.” (Likely contains the exemption for 0.9% THC CBD for epilepsy added by 2014 Julian’s Law. E.g., excludes “cannabidiol containing ≤0.9% THC and ≥15% CBD… for treatment of epilepsy as authorized by state law.”)mpp.orgmpp.org.

  • S.C. Code Ann. §44-53-190(D)(18) – Schedule I listing of Tetrahydrocannabinols (THC). Provides that “tetrahydrocannabinols” of any kind are Schedule I, “unless specifically excepted” by another provisioncollinsandlacy.com. (This is the basis for AG’s opinion that delta-8 is illegal absent an explicit exception.)

  • S.C. Code Ann. §44-53-445 – Distribution of controlled substances within proximity of schools. Makes it a separate felony to distribute, sell, or possess with intent within a 1/2 mile of schools, parks, colleges, etc., punishable by up to 10 years and finelaw.justia.comlaw.justia.com.

  • S.C. Code Ann. §44-53-450 – Conditional discharge for first offense simple possession of marijuana or other drugs. Allows first-time offenders who plead guilty to have proceedings deferred and charges dismissed after probation and any treatment, with eligibility for expungementlaw.justia.comlaw.justia.comlaw.justia.com.

  • S.C. Code Ann. §56-5-2930 – DUI law: Unlawful to drive under influence of alcohol or drugs to the extent of material impairmentjohnnewkirklaw.com.

  • S.C. Code Ann. Title 46, Chapter 55 – Industrial Hemp Cultivation. Key sections:

    • §46-55-10: Definitions (e.g., “Industrial hemp” means cannabis ≤0.3% delta-9 THC and includes all derivatives, extracts, cannabinoids, isomers, etc., of hemp)collinsandlacy.comcollinsandlacy.com.

    • §46-55-20: License required to cultivate, handle, or process hemp; background check and feeslaw.justia.comlaw.justia.com.

    • (This chapter also covers reporting, testing, violations, etc. – not fully cited above but available in SC Code.)

  • 2023–2024 and 2025 Bills (Unofficial, for context):

  • SC State Agency References:

    • DHEC Guidance (Jan 2024) – Letter to hemp permittees re: ban on delta-8/THC in foodfoxcarolina.comfoxcarolina.com. (Not codified law, but regulatory guidance.)

    • AG Opinion (Oct 2021) – South Carolina Office of the Attorney General Opinion on Delta-8 THC, opining it is illegal under current state lawcollinsandlacy.comcollinsandlacy.com.

    • SC Department of Agriculture Hemp Program – regulations and applications (see SCDA website). Confirms license deadlines, fees, requirement of FBI background checklaw.justia.com, etc.

  • Official Resources:

    • South Carolina Code of Laws (unannotated) is available via the SC Legislature’s website (scstatehouse.gov) – Title 44 (Health), Title 46 (Agriculture), Title 56 (Motor Vehicles) contain relevant statutes.

    • South Carolina Law Enforcement Division (SLED) – reports and fact sheets on marijuana enforcement and hemp (e.g., SLED has published guidance on how hemp legalization does not legalize marijuana).

    • SC Judicial Department – annual reports which include statistics on drug charges and dispositions (useful for enforcement trends data).

    • Municipal Codes – e.g., City of Columbia and City of Charleston code, to check any local ordinances on smoking/vaping in public (Columbia, for instance, has a local ordinance banning smoking tobacco in public buildings, which by extension would cover marijuana if it were legal; some cities might have nuisance ordinances that could be applied to marijuana smoke).