Is weed legal in South Carolina?
No, it is not. Weed, or adult-use cannabis, is illegal in the state of South Carolina. Hemp that meets the federal standard of containing less than 0.3% THC is legal. For patients with severe epilepsy, doctors can recommend CBD products with up to 0.9% THC, but the state makes no provisions for sales of those products.
Possession of 1 ounce (28 grams) or less of cannabis is considered a misdemeanor punishable by up to 30 days in jail and a $200 fine for the first offense.
South Carolina legalized cannabidiol (CBD) for qualified patients with the passage of S 1035, Julian’s Law, in 2014. The bill added language to the state’s criminal code that allowed patients diagnosed with severe epilepsy to possess and use CBD products with at least 15% CBD and no more than 0.9% THC.
It also allowed residents to participate in FDA-approved trials of CBD products for the treatment of epilepsy. The law made no provisions for purchasing CBD products, though it did ostensibly set up a commission to study a production and distribution system.
The following year S 672, the Medical Marijuana Program Act, was introduced and referred to the Medical Affairs committee but it never advanced. S 366, the South Carolina Compassionate Care Act, met the same fate in 2020.
Frequently Asked Questions
Applications and other information on growing hemp in South Carolina can be found on the South Carolina Department of Agriculture website.
The law seems to forbid “unprocessed or raw plant material,” which may include dried flower but it’s unclear enough that the state Attorney General was asked by law enforcement to interpret the intent. The state does ban CBD vaping material and devices as well as all smoking paraphernalia except rolling papers.