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Reviewed Sep 2026CBD only

Cannabis in South Carolina

South Carolina cannabis laws: marijuana is illegal and only low-THC CBD oil is allowed for certain patients. The medical bill S. 53 stalled in 2025–26.

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The rules

Key rules in South Carolina

Plain-language summary. The regulator is South Carolina Department of Public Health.

  • Legal status

    Marijuana illegal for medical and adult use; no dispensaries

  • CBD oil (Julian's Law)

    Patients with severe epilepsy may use CBD oil with at least 15% CBD and no more than 0.9% THC on a physician's recommendation

  • Possession

    1 oz or less (or 10 g hashish), first offense: misdemeanor, up to 30 days and a $100–$200 fine; pretrial intervention often available

  • Cultivation

    Fewer than 100 plants: felony, up to 5 years and $5,000

  • Pending legislation

    S. 53 Compassionate Care Act in Senate Medical Affairs Committee since January 14, 2025

  • 1980 research act

    Federal rescheduling (April 23, 2026) revived debate over a dormant state program for cancer and glaucoma patients; no program exists in practice

Summary, not legal advice — rules change; check local law. Last reviewed Sep 2026.

How it works

How cannabis is sold in South Carolina

South Carolina has neither a medical nor an adult-use cannabis market. The only THC-containing product the legislature has authorized is CBD oil under Julian's Law, signed by Governor Nikki Haley in June 2014: patients with severe epilepsy may, on a physician's recommendation, use oil with at least 15% CBD and no more than 0.9% THC. Hemp has been grown under state licenses since 2017, and hemp-derived products are sold under those rules.

Senator Tom Davis's Compassionate Care Act is the long-running attempt to go further. It passed the Senate 28–15 in February 2022 and died in the House, as did a later version. The 2025–26 bill, S. 53, was referred to the Senate Medical Affairs Committee on January 14, 2025 and had no further action, and the legislature adjourned on May 14, 2026 without a hearing on any cannabis bill.

A twist came in spring 2026. After the U.S. Attorney General moved state-licensed medical marijuana to Schedule III on April 23, Davis argued that a dormant 1980 law, the Controlled Substances Therapeutic Research Act, required the Department of Public Health to follow suit and supply marijuana to certain cancer and glaucoma patients. For buyers nothing changed: the state has no funding, rules, licensed supplier or patient registry for it, and the health department said only that it was assessing the impact.

Possession of an ounce or less of marijuana, or 10 grams of hashish, is a misdemeanor carrying up to 30 days in jail and a $100–$200 fine; first offenders may qualify for pretrial intervention. Growing fewer than 100 plants is a felony punishable by up to five years.

Cannabis in South Carolina: questions

Is medical marijuana legal in South Carolina?

No working program exists. Only low-THC CBD oil is allowed under Julian's Law. A 2026 argument that federal rescheduling revived a 1980 research law has produced no funding, rules or legal supply.

What happened to the South Carolina Compassionate Care Act?

The Senate passed earlier versions, including 28–15 in 2022, but the House never did. The 2025–26 bill, S. 53, stayed in a Senate committee and the 2026 session ended without a hearing.

What is the penalty for possessing an ounce of weed in South Carolina?

A first offense for an ounce or less is a misdemeanor with up to 30 days in jail and a $100–$200 fine. First-time offenders can often enter pretrial intervention.

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