Table of Contents
Is marijuana legal in South Carolina
1. Recreational Marijuana
- Status: Illegal
- Possession Penalties:
- One ounce or less is considered a misdemeanor.
- Punishable by up to $200 in fines and 30 days in prison.
- Second offenses or possession of larger quantities can lead to felony charges, which may carry longer imprisonment and higher fines.
- Sale and Cultivation: Also prohibited, with felony-level penalties for trafficking or distribution.
2. Medical Marijuana
- Status: Not Legal (with extremely limited exceptions)
- Current Program:
- Only low-THC CBD oil is permitted.
- Legal for patients with severe epilepsy or similar debilitating conditions.
- CBD oil must contain ≤0.3% THC and ≥15% CBD.
- Limitations:
- No access to whole-plant cannabis.
- No protections for other medical conditions commonly treated with cannabis (e.g., chronic pain, PTSD, cancer-related symptoms).
3. Legislative Efforts
- South Carolina Compassionate Care Act:
- Aimed to legalize medical cannabis for patients with qualifying conditions.
- Would have allowed cannabis products via licensed dispensaries.
- Smoking and home cultivation prohibited under the proposal.
- Passed the Senate in prior sessions but failed in the House.
- Most recent attempt in 2025 also failed to pass.
4. Decriminalization Proposals
- Several bills have been introduced to reduce penalties for marijuana possession.
- Example: A proposal to make possession of up to 1 ounce a civil offense rather than a criminal one.
- As of 2025, none have passed, and penalties remain criminal in nature.
5. Summary
South Carolina maintains a strict anti-marijuana policy with limited exceptions for non-intoxicating CBD oil. Despite repeated attempts to legalize medical marijuana or decriminalize possession, the legislature has not enacted any major reforms. Both recreational and broader medical cannabis use remain illegal, and the legal environment continues to be among the most restrictive in the U.S.
