Cannabis laws are changing rapidly worldwide, but South Carolina remains one of the most restrictive states. Recreational marijuana is fully illegal, and penalties for possession can still include jail time.
The only exception is under Julian’s Law (2014), which allows children with severe epilepsy to use low-THC CBD oil if prescribed by a physician.
While hemp-derived products like THC-A are federally permitted under the 2018 Farm Bill, the state has not expanded medical or recreational cannabis access beyond this narrow exception.
Key Takeaways
- Recreational marijuana is illegal in South Carolina, with strict penalties for possession and use.
- Medical cannabis is extremely limited, allowed only as low-THC CBD oil for severe epilepsy.
- Legislative reform efforts like the Compassionate Care Act show momentum but have not yet passed.
Historical Overview of Cannabis Regulation in South Carolina
Cannabis regulation in South Carolina has deep historical roots. Hemp cultivation was encouraged as early as 1733, when colonial lawmakers promoted it as a valuable crop for rope and sail production in the Royal Navy.
Like the rest of the country, however, South Carolina’s hemp industry was severely restricted after the 1937 Marihuana Tax Act, which imposed heavy taxes and effectively ended legal hemp farming.
Modern change began in 2017, when the state authorized the reintroduction of industrial hemp under the 2014 Farm Bill, a federal law. Initially limited to 20 growers with small acreage, the program later expanded, reflecting renewed interest in hemp as an agricultural product.
By contrast, marijuana laws have remained highly punitive. While neighboring North Carolina reduced penalties in the 1970s, South Carolina still imposes jail time for simple possession. The FBI reported more than 10,000 arrests for cannabis possession in 2023 alone, placing the state among the harshest enforcers nationwide.
Recent reform efforts, such as House Bill 3110, propose replacing jail sentences for possession of up to one ounce of cannabis with civil fines. Despite bipartisan debate, these measures have yet to pass, leaving South Carolina’s stance largely unchanged for decades.
Medical Cannabis in South Carolina: Legal Provisions and Accessibility
The state currently has one of the most limited medical cannabis frameworks in the United States. The only exception to the state’s blanket prohibition is Julian’s Law (2014), which allows patients with severe epilepsy, primarily children, to use low-THC, high-CBD oil if recommended by a physician. This law does not create a broader medical program, nor does it allow smoked or traditional cannabis products. Access is therefore extremely restricted, and patients with other severe health conditions remain without legal options.
In recent years, lawmakers have pushed to expand medical cannabis access through the South Carolina Compassionate Care Act (S. 423). The bill, reintroduced in 2025, proposes a tightly regulated system in which patients diagnosed with debilitating conditions could obtain non-smokable cannabis products, such as oils, capsules, or topical preparations, via licensed therapeutic cannabis pharmacies overseen by a pharmacist. Physicians would need to certify patient eligibility, and the program would limit supply periods and exclude recreational use.
Despite strong public support (polls show that more than 70% of South Carolina residents favor medical cannabis), the legislation has repeatedly stalled in the House.
As of 2025, patients still face no legal pathway to medical cannabis beyond the narrow scope of Julian’s Law, leaving many dependent on alternative treatments or forced to relocate to states with functioning medical cannabis programs.
Current Legal Status of Recreational Marijuana in South Carolina
Recreational marijuana remains fully illegal in South Carolina. The state has not adopted decriminalization measures, and possession of even small amounts is considered a criminal offense.
A first offense for simple possession can result in up to 30 days in jail and fines ranging from $100 to $200, while repeat offenses may carry penalties of up to one year in prison and fines of up to $2,000. Conditional release programs are available in some cases, allowing first-time offenders to complete probation instead of serving jail time. However, the charge still reflects the seriousness of the state’s prohibition.
Penalties escalate sharply for sale, distribution, or trafficking, with mandatory minimum sentences applied to certain convictions. These laws mean judges have little discretion, and offenders often face long prison terms without eligibility for parole. South Carolina also enforces a drug tax stamp law, which requires individuals in possession of marijuana to purchase state-issued stamps; a regulation primarily used to add further penalties for those convicted.
Driving under the influence of cannabis is criminalized, with zero tolerance for detectable THC levels. Aside from the limited CBD oil allowance under Julian’s Law, the state maintains some of the harshest recreational cannabis penalties in the country.
Possession, Cultivation, and Consumption: What’s Allowed in South Carolina?
In South Carolina, no amount of recreational cannabis is legal to possess, cultivate, or consume. The state enforces some of the strictest penalties in the U.S., with consequences escalating sharply based on quantity and prior offenses.
For possession, having one ounce or less is treated as a misdemeanor, with penalties of up to 30 days in jail and a $200 fine for a first offense, and up to one year in jail and a $2,000 fine for subsequent offenses. Anything above one ounce is considered a felony, with penalties ranging from five years in prison and a $5,000 fine to as much as 20 years and $20,000 for repeat violations.
Cultivation is also strictly prohibited. Growing fewer than 100 plants can result in a five-year prison sentence and a $5,000 fine, while larger-scale cultivation involving hundreds or thousands of plants carries mandatory minimum sentences of 25 years and fines of up to $200,000.
The law also criminalizes hash and concentrates: possession of up to 10 grams can lead to 30 days in jail, while larger amounts carry felony-level penalties. Even paraphernalia possession is punishable, with civil fines of up to $500.
What Future for Cannabis Legislation in South Carolina?
2025 brought renewed momentum for medical reform. The Compassionate Care Act (S. 53/423) re-entered the spotlight, aiming to establish a regulatory framework for medical cannabis through licensed therapeutic pharmacies and physician certifications. However, the state legislature adjourned in May without scheduling any hearings on the bill, and it remains stalled in the House.
Looking ahead, the 2026 session offers a fresh opportunity for advocates and legislators. With considerable public support and growing pressure from medical and veteran communities, South Carolina may finally see meaningful movement. However, only time will tell if meaningful medical reforms, let alone decriminalization, will pass.
To Sum Up
Is marijuana legal in South Carolina? The answer is no. Recreational use remains fully prohibited, and possession, even of small amounts, can result in jail time and fines.
Medical cannabis is not broadly available, with the sole exception of low-THC CBD oil permitted under Julian’s Law for certain epilepsy patients. Cultivation, sales, and consumption outside this framework carry severe penalties, including mandatory minimum prison sentences for larger offenses.
While the Compassionate Care Act continues to resurface in the legislature, it has yet to become law. For now, South Carolina stands among the strictest states, and residents should stay updated on legislative changes before assuming any shift in cannabis policy.
Rita Ferreira
Rita is a seasoned writer with over five years of experience, having worked with globally renowned platforms, including Forbes and Miister CBD. Her deep knowledge of hemp-related businesses and passion for delivering accurate and concise information distinguish her in the industry. Rita's contributions empower individuals and companies to navigate the complexities of the cannabis world, and her work remains a valuable resource for those seeking a deeper understanding of its potential.
