Fact Checked by Doctor NameIntroduction of South Carolina Marijuanas Law
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South Carolina has some of the harshest marijuana restrictions. The state bans medicinal and recreational cannabis use, possession, and distribution with minimal exceptions.
The state’s strict anti-marijuana laws are under pressure to reform. Reform calls are mounting as public opinions change statewide and neighboring states pass major changes.
Powerful politicians and law police still oppose South Carolina’s strict prohibitionist policy.
However, proponents are cautiously optimistic. This article discusses South Carolina’s restrictive marijuana laws, recent reform efforts and challenges, possible legalization, and what cannabis could look like if full prohibition is repealed by legislation or court order.
South Carolina Cannabis Law Historical Context
- Marijuana was first regulated in South Carolina with the Uniform Narcotic Drug Act in 1934. This early law set penalties for possession.
- 1972, South Carolina made cannabis a Schedule I substance under the Controlled Substances Act.
- In 2010, 1-ounce possession became a non-arrestable misdemeanor. Civil fines and drug education were needed.
- A 2014 law allowed patients with severe epilepsy to access CBD oil with a doctor’s certification. This was the state’s first marijuana-related medical law.
- The 2018 Farm Bill legalized hemp production, leading South Carolina to pass a hemp farming pilot program in 2019.
- While marijuana remains prohibited, recent years have seen growing advocacy for policy reform in South Carolina:
- Advocates point to potential economic benefits of legalization, such as job creation, tax revenue, and support for small businesses.
- Social justice arguments highlight the disproportionate enforcement of drug laws against minority communities.
- Neighboring states adopting medical and even recreational laws add pressure for change.
- Attempts to pass medical marijuana bills have stalled in the state legislature, reflecting the challenge of enacting cannabis reforms in the conservative political climate.
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Current Legal Status: Is Weed Legal in South Carolina?
Medical CBD in South Carolina
Is Weed Legal in South Carolina?
South Carolina has very limited medical marijuana provisions in place currently. Only CBD oil with extremely low THC is allowed in narrow circumstances.
There is no broad, comprehensive medical marijuana program providing access to patients.
South Carolina Marijuana – Qualifying Medical Conditions in South Carolina
To qualify, people must get a signed diagnosis from a qualified doctor that they have one of the allowed diseases, such as: For Patients Medical Conditions Include:
- Cancer
- Multiple sclerosis
- Neurological disease or disorder, including epilepsy
- Sickle cell anemia
- Autism
- Chronic pain
- Glaucoma
- Post-traumatic stress disorder, or PTSD
- Crohn’s disease
- Ulcerative colitis
- Cachexia, or wasting syndrome
- Severe or persistent nausea — The Senate version requires a patient to be homebound.
- Terminal illness with less than a year to live
- A condition causing severe and persistent muscle spasms
- A condition for which opiates could be prescribed
- Any debilitating condition the recommending doctor is qualified to treat — House version only
Obtaining Medical CBD Products in South Carolina
Under the current restrictive laws, patients must have certification from a licensed doctor that they have one of the authorized epilepsy conditions.
CBD oils and products can be purchased, but no in-state dispensing, recommendations, or retailed sales are allowed.
Restrictions and Regulations in South Carolina
South Carolina’s medical CBD law contains several restrictions:
- CBD products must contain 0.9% THC or less
- Smokable marijuana is not permitted
- In-state cultivation, sales, and manufacturing remain illegal
- No reciprocity for out-of-state medical cards
These regulations limit options for patients compared to broader medical marijuana programs. Bills have attempted to loosen these restrictions but have not yet succeeded.
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Recreational Use in South Carolina
South Carolina has not legalized or decriminalized recreational marijuana possession or use. All non-medical cannabis remains strictly prohibited.
Current Status and Possession Limits in South Carolina
- There are no legal possession limits for recreational use. Any amount for personal use is illegal.
- Possession of up to 1 ounce carries civil fines and drug education requirements instead of criminal charges, thanks to the 2010 decriminalization law.
- But lack of legal access means most buyers still turn to the illicit market, risking penalties.
Legal Age in South Carolina
- Marijuana possession and use remain illegal for all ages except for narrow medical exceptions.
Potential Future Changes in South Carolina
- Future recreational legalization appears unlikely in the near term, given the dominance of conservative anti-marijuana leadership in the state legislature. Powerful politicians, including Governor Henry McMaster and House Speaker Murrell Smith, have actively opposed cannabis reform efforts.
- However, public opinion polling shows growing support for adult-use reform, particularly among younger voters. Multiple bills have been introduced to start the conversation.
- Advocates argue legalization could boost state revenues and the economy. But lawmakers remain hesitant.
Hemp and CBD Laws in South Carolina
- Like many other states, South Carolina legalized hemp production and CBD sales following the 2018 federal Farm Bill.
- Licensed hemp farming and CBD merchants now operate in the state, offering various hemp-derived products.
- To remain legal, CBD products must still follow federal regulations, including containing 0.3% or less THC.
- The South Carolina Department of Agriculture oversees the state hemp program, which has continued to expand under the pilot program guidelines.
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Marijuana Cultivation and Home Growing in South Carolina
- All marijuana and cannabis cultivation remains illegal in South Carolina, including home growing for personal adult use.
- The state has taken stricter stances than federal hemp regulations, banning home or amateur hemp grows.
- Only licensed growers affiliated with the pilot program can legally cultivate cannabis plants in South Carolina without facing criminal penalties.
- Advocates argue home could provide a safer alternative to the illicit market if allowed under a legalization framework.
- However, law enforcement groups have raised concerns about the risks of diversions from unregulated home cultivation.
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Cannabis Sales and Distribution in South Carolina
- There are currently no recreational or medical marijuana sales permitted in South Carolina.
- Limited CBD products can be purchased from approved vendors but not dispensed in-state.
- Distribution and sales of other marijuana products remain prohibited outside the hemp industry.
- If medical marijuana laws expanded in the future, a regulated market and dispensary system would need to be implemented to provide access.
- Legalized states earn substantial tax revenues from cannabis sales. But South Carolina currently collects no marijuana revenue.
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Weed Public Consumption and DUI Laws in South Carolina
- South Carolina restricts public weed use even in decriminalized areas. In any public place, using cannabis may result in misdemeanor penalties and $200 fines.
- Driving under the influence of marijuana carries license suspension, fines and prison time.
- In 2021, South Carolina passed “Justin’s Law,” establishing tougher penalties for drugged driving, named after Justin Bautista, who an impaired driver killed.
- The law targets THC impairment, but critics argue it could unfairly punish legal medical patients or those with past recreational use.
- Advocates say South Carolina should amend the law to balance safety with preventing unreasonably harsh penalties.
Marijuana Law Social Equity and Cannabis in South Carolina
- As marijuana remains broadly prohibited, South Carolina does not yet have cannabis social equity policies in place.
- Neighboring states with legal marijuana industries have enacted programs to promote business opportunities, community reinvestment, and relief for past convictions.
- Many advocates argue South Carolina’s enforcement of its stiff marijuana laws disproportionately harms minority communities. Conviction and incarceration data support these racial disparities.
- Advocates say that if reforms eventually occur, equity must be incorporated to right past wrongs. Models from other states could inform South Carolina’s approach.
- Tax revenue from cannabis sales, if legalized, could help fund job training, legal aid, youth development or addiction treatment in impacted areas.
Cannabis Law Recent Legislative Changes in South Carolina
- 2020 – Minor expansion of allowed medical CBD conditions to include Alzheimer’s disease, MS, and chronic pain. Still very limited.
- 2019 – South Carolina passed hemp farming regulations after federal legalization.
- In 2018, bills to legalize comprehensive medical cannabis programs failed to pass out of committee and reach a floor vote.
- The year prior, in 2017, the “Compassionate Care Act” sought to legalize medical marijuana but similarly stalled in committee, denying it a wider legislative debate.
Frequently Asked Questions
Q: Can I use medical CBD in South Carolina?
A: Only if you have one of the few tightly approved conditions and obtain a certification from your doctor will true medical marijuana access remain prohibited without major legislative changes.
Q: What are the penalties for marijuana possession?
A: Up to 1 oz is a civil fine. However, lack of legal access means buyers often must use illicit markets. Larger amounts face misdemeanor or felony charges depending on quantity and prior offenses.
Q: How do I stay informed on changing cannabis laws?
A: Follow local news media coverage of legislative sessions and marijuana reform efforts by advocacy organizations. The South Carolina Compassionate Care Alliance provides updates on medical cannabis bills. NORML South Carolina also tracks developments.
Q: Are there any pending marijuana reform bills?
A: In 2022, a bill was re-introduced to legalize medical marijuana access but did not advance. Several other states have since broadened reform, increasing pressure on South Carolina. But leadership opposes change. Advocates plan to continue elevating the issue.
Q: Could marijuana be legalized through ballot initiative?
A: No, South Carolina does not allow citizen ballot initiatives. As in other states, all reforms must pass through the state legislature rather than being directly approved by voters. This dynamic poses challenges for activists.
Q: What are the arguments for and against reform?
- Supporters argue legal access provides medical benefits, increases public safety by regulating sales, and generates new economic activity and tax revenue.
- Opponents contend legalization increases youth access and risky behavior. They also dispute economic benefits, arguing costs would outweigh gains.
Q: What are the current penalties for marijuana possession in South Carolina?
A: Possession of up to 1 ounce carries civil fines of up to $200. Larger amounts face criminal misdemeanor charges. Trafficking or distribution leads to felony charges. Penalties increase for repeat offenses.
Q: Is marijuana decriminalized in South Carolina?
A: Possession of small amounts has been partially decriminalized at the state level, but most marijuana activity, including smoking in public places, remains criminalized. There is no mechanism for legal purchase.
Q: What conditions qualify for medical CBD oil?
A: The only allowed conditions are Lennox-Gastaut Syndrome, Dravet Syndrome, and other severe epilepsy disorders. Chronic pain and other conditions do not qualify currently in South Carolina.
Q: Can I be arrested for marijuana possession in South Carolina?
A: Possessing over 1 ounce remains a criminal misdemeanor offense that can lead to arrest. Civil fines for under 1 ounce require court appearances and mandatory drug education.
Q: Does South Carolina allow medical marijuana dispensaries?
A: No, there are no legal medical marijuana dispensaries currently. The only access is the certification for limited CBD oils purchased from general retailers.
Q: Is home cultivation allowed for medical or personal use?
A: No, all cannabis cultivation remains illegal in South Carolina, even for authorized medical CBD patients. Only licensed hemp farmers can legally grow cannabis.
Q: Can I have a marijuana conviction expunged from my record?
A: South Carolina does not currently allow record expungement for past marijuana offenses. Bills have been proposed to add expungement but have not been enacted.
Q: Where does South Carolina’s marijuana come from?
A: Most of South Carolina’s illicit market marijuana originates from outside the state, including trafficking from western states and countries like Mexico. Limited small-scale local grows also occur despite prohibition.
Q: Do any cities in South Carolina have different marijuana laws?
A: Municipalities cannot legalize locally, but some cities like Charleston and Columbia have deprioritized enforcement for possession. However, state law remains in effect.
Q: When will marijuana be legalized for recreational use?
A: It remains uncertain if or when South Carolina might legalize adult-use marijuana, given current political opposition. But public opinion supports legalization, so federal changes or court rulings could eventually force South Carolina’s hand.
Conclusion
South Carolina maintains some of the strictest marijuana prohibition policies in the United States, with no broad medical use or recreational legalization permitted under current law.
However, changing public attitudes and national trends point toward growing momentum for cannabis policy reform in the state. Several neighboring states now allow medical and adult-use marijuana.
While legislative change remains challenging in the current political climate, the push for expanded marijuana access seems unlikely to disappear as more states enact reforms and public support increases.
The future of South Carolina’s marijuana policies rests heavily on the balance of these factors.
