Overview & Legal Status
South Carolina has no medical cannabis programme. The SC Compassionate Care Act (S 150) has been introduced repeatedly but has not passed. CBD oil with ≤0.9% THC is legal for certain medical conditions under the SC Compassionate Care Act (2014) for intractable epilepsy only. All other marijuana is fully illegal under S.C. Code Ann. § 44-53-370.
Key Facts
Adult-Use StatusFully illegal
Medical ProgrammeNone — S 150 repeatedly introduced, not enacted
CBD StatusLimited legal — CBD oil ≤0.9% THC for intractable epilepsy patients only
Hemp/CBDLegal — SC Hemp Farming Act (Act 51 of 2019)
Governing LawS.C. Code Ann. §§ 44-53-370 et seq. — Controlled Substances Act
RegulatorSC Law Enforcement Division (SLED); SC Dept. of Agriculture (hemp)
Licensing
Licence Types in South Carolina
- No Medical Cannabis Licences — no cultivation, processing, dispensary, or delivery licences exist for cannabis
- No Adult-Use Cannabis Licences — no recreational market
- Hemp Grower Licence — SC Dept. of Agriculture
- SC Hemp Farming Act (Act 51, 2019) — aligns with federal 2018 Farm Bill
- Annual licence; acreage reporting; pre-harvest THC testing required
- CBD hemp cultivation for oil extraction permitted
- Hemp Processor/Handler Licence — processing hemp into CBD extracts, fibres, and other products
- SC-licensed processors may produce CBD products for retail
- Products must confirm ≤0.3% THC through testing
- Limited CBD Oil Programme — SC Code § 44-53-1640
- Permits possession of CBD oil (≤0.9% THC) only for intractable epilepsy patients enrolled in MUSC research programme
- No commercial dispensary; research programme only
- Not a general medical cannabis programme — extremely limited scope
SC's CBD oil provision under § 44-53-1640 is extremely narrow — it applies only to intractable epilepsy patients enrolled in the MUSC research programme. It does not establish a general medical cannabis programme.
Taxation
Cannabis TaxN/A — all cannabis (beyond narrow CBD provision) fully illegal
Adult-Use Tax
N/A
No legal market
Medical Tax
N/A
No general programme
Hemp/CBD Retail
6%
SC state sales tax
Local Tax
1–2%
County/municipality option
Implications
- South Carolina generates no cannabis excise tax revenue
- Hemp and CBD retail products subject to SC's 6% state sales tax + local rates
- Total effective tax on hemp/CBD retail typically 7–8% in most SC areas
- No cannabis tax framework has been developed; any medical programme would require legislative action on tax
Advertising
- No cannabis advertising permitted — no general legal cannabis market exists in SC
- Advertising marijuana products promotes an illegal substance under SC law
- Hemp/CBD advertising must comply with FTC standards and SC consumer protection rules — no false health claims
- MUSC's CBD oil research programme does not permit commercial advertising
- Out-of-state dispensaries must not target SC consumers
Workplace Rules
- No employment protections for cannabis users in South Carolina
- SC law does not recognise any cannabis use as protected — including the narrow epilepsy CBD programme
- Employers freely enforce drug-free workplace policies; positive tests valid for termination
- SC Workers' Compensation Act: positive drug test creates presumption of impairment affecting injury claims
- Federal contractors must comply with Drug-Free Workplace Act
- No pending legislation to add employment protections for cannabis users
Possession & Transactions
Legal Possession Limit0 — all marijuana possession illegal; CBD oil ≤0.9% THC for epilepsy research only
0
Cannabis — illegal
≤0.9% THC
Epilepsy CBD only
≤0.3% THC
Hemp — fully legal
N/A
No general medical programme
Possession Offences
- 1 oz or less — first offence: Misdemeanour — up to 30 days imprisonment, $100–$200 fine
- 1 oz or less — second offence: Misdemeanour — up to 1 year, $200–$1,000 fine
- More than 1 oz: Felony — 0–5 years, up to $5,000 fine
- More than 10 lbs: Felony — 1–10 years mandatory; trafficking charges
- Near school or playground: Mandatory doubling of maximum sentence
Transaction Rules
- No legal cannabis transactions in South Carolina
- Hemp/CBD may be purchased at retail; standard consumer transactions apply
- MUSC CBD oil programme: prescription through MUSC physicians only; not available in general retail
Product Testing
- No general cannabis product testing framework — no legal cannabis market
- Hemp testing: SC Dept. of Agriculture requires pre-harvest THC compliance testing by approved labs
- MUSC CBD research: Products tested under research programme protocols
- SC Law Enforcement Division (SLED) forensic labs test suspected cannabis in criminal matters
Medical Cannabis
South Carolina has NO general medical cannabis programme. The SC Compassionate Care Act (S 150) has been introduced repeatedly — most recently in 2023 — and passed the SC Senate in previous sessions, but the House has not enacted it.
Narrow CBD Oil Exception
- S.C. Code Ann. § 44-53-1640 — Legal for patients with intractable epilepsy enrolled in the MUSC research programme to possess CBD oil with ≤0.9% THC
- Requires physician certification from a MUSC-affiliated physician
- Not a general medical dispensary programme — extremely limited scope
- No patient registry card issued; research enrolment documentation required
Proposed SC Compassionate Care Act (S 150)
- Proposed qualifying conditions: cancer, MS, epilepsy, PTSD, ALS, Parkinson's, Crohn's, sickle cell, cachexia, chronic pain
- Proposed possession limit: 45-day supply (~4 oz) for registered patients
- Proposed tax: 5% medical cannabis tax
- Has passed SC Senate multiple times; House has not advanced it
- As of March 2026: still pending; no programme operational
Medical CannabisNot generally available — narrow CBD exception for intractable epilepsy only
Adult-Use Cannabis
Adult-use cannabis is fully illegal in South Carolina. SC has no citizen initiative process for cannabis — all changes require legislative action.
Legal Status
- No adult-use market, no decriminalisation at state level
- SC borders North Carolina and Georgia (both without programmes) and Virginia (adult-use legal 2024)
- No cannabis tax revenue generated by SC
Local Ordinances
- No SC municipality has enacted cannabis decriminalisation
- Columbia, Charleston, Greenville — standard state law enforcement
- No local cannabis ordinances in effect
Criminal Penalties
Possession
- ≤1 oz — first offence: Misdemeanour — up to 30 days, $100–$200 fine
- ≤1 oz — subsequent offence: Misdemeanour — up to 1 year, up to $1,000 fine
- >1 oz: Felony — 0–5 years, up to $5,000 fine
- 10 lbs – 100 lbs: Felony — 1–10 years, $10,000 fine (trafficking)
- 100 lbs – 2,000 lbs: Felony — 25 years mandatory, $25,000 fine
- 10,000 lbs or more: Felony — 25 years mandatory, $200,000 fine
Sale & Distribution
- Sale (any amount): Felony — 0–5 years, $5,000 fine
- Sale to minor or near school: Enhanced to 10 years mandatory
- Trafficking (large quantities): Mandatory minimums; up to 25+ years
⚠️ Adult-Use Cannabis — Important Warnings
- Adult-use recreational cannabis is NOT legal in South Carolina. Possession, sale, and cultivation outside any approved medical programme remains a criminal offence.
- Medical cannabis patients (where a programme exists) must carry their state-issued registry card at all times when in possession of cannabis.
- Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
- Do not drive or operate heavy machinery while impaired by cannabis — DUID/DUI laws are enforced.
- Airports operate under federal jurisdiction — carrying cannabis through airports is a federal offence.
- Cannabis is prohibited on all federal lands including national parks, forests, and federal buildings.
- Keep all cannabis and CBD products out of reach of children and pets at all times.
- Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.
🚨 Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in South Carolina change frequently — always verify current statutes with official South Carolina government sources or consult a qualified attorney licensed in South Carolina.
- Information reflects laws known as of March 15, 2026 — subject to legislative change without notice.
- Local city and county ordinances may impose additional restrictions beyond state law.
- Federal law supersedes state law in all federal jurisdictions and employment contexts.
- CannBus accepts no liability for actions taken based on information on this page.
📚 References & Sources
- S.C. Code Ann. §§ 44-53-370 et seq. — Controlled Substances Act
- S.C. Code Ann. § 44-53-1640 — CBD Oil for Intractable Epilepsy
- SC Compassionate Care Act — S 150 (2023 version) — not enacted
- SC Dept. of Agriculture Hemp Programme — agriculture.sc.gov
- SC Hemp Farming Act — Act 51 of 2019
- SC Law Enforcement Division (SLED) — sled.sc.gov
- Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026 ·
Cannabis Laws · www.cannbus.org