Cannabis leave with red negation circle

Both recreational and medical marijuana are illegal in South Carolina. Read on to learn more about South Carolina's current marijuana laws.

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What you need to know about Marijuana Laws in South Carolina

  • Both recreational and medical marijuana are illegal in the state of South Carolina
  • Low-THC CBD oil is legal to treat epilepsy in the state if recommended by a physician
  • Possession of less than an ounce of marijuana is punishable by a $200 fine and up to 30 days in jail
  • Neither medical or recreational marijuana legislation has made it far in either the House or Senate
  • Ballot initiatives are not allowed in South Carolina leaving legalization up to the state government

Marijuana Legislation in South Carolina

Since 2014, physician’s practicing in South Carolina have been able to recommend CBD oil for children suffering from epilepsy. Patients who have not responded to traditional treatment may be eligible to use CBD oil containing less than 0.9% THC.

A number of medical marijuana bills have been drafted in the House and Senate. As recent as 2019 and 2020 medical marijuana bills have been introduced but failed to progress. There is wide support across South Carolina citizens for medical marijuana legalization but there doesn’t appear to be much support with current lawmakers. Without a ballot initiative program in the state, any marijuana legislation will need to be proposed by lawmakers and approved in both the House and the Senate.

Marijuana Fines and Penalties in South Carolina

Possession up to one ounce (first offense): A misdemeanor offense punishable by a $200 fine and up to 30 days in jail.

Possession up to one ounce (second offense): A misdemeanor offense punishable by up to a year in jail and a $2,000 fine.

Sale of less than 10 pounds: A felony punishable with up to five years in jail along with a fine of $5,000.

Possessing over an ounce of weed is considered possession with intent to distribute and a felony offense.

Additional Marijuana Laws to be Aware of in South Carolina

  • In South Carolina, police may ask drivers to submit to a chemical test if they believe the driver is under the influence of marijuana and operating a motor vehicle
  • If a driver refuses a chemical test, their license may be suspended immediately
  • Public consumption of marijuana is illegal and if caught offenders may be charged with a misdemeanor
  • Possession of drug paraphernalia could result in a fine up to $500