South Carolina Marijuana Laws

Introduction

South Carolina Marijuana laws are among the strictest in the United States, with both recreational and medical use remaining illegal. The state has not decriminalized possession, and violations can result in severe penalties. While there are ongoing legislative efforts to establish a medical marijuana program, current regulations only permit low-THC CBD oil for patients with specific medical conditions. This overview highlights the current legal landscape for marijuana in South Carolina, including potential changes and important considerations for residents and visitors.

Overview of Marijuana Laws

• Marijuana remains illegal for both recreational and medical use in South Carolina. The state has not decriminalized possession, and penalties for marijuana-related offenses can be severe.

Recreational Marijuana Laws

• Current Status: Recreational marijuana is illegal in South Carolina.
• How to Legally Obtain Recreational Marijuana: There is no legal way to obtain recreational marijuana in South Carolina.

Medical Marijuana in South Carolina

• Eligibility and Requirements: South Carolina does not have a comprehensive medical marijuana program. The only exception is the use of low-THC CBD oil for patients with severe forms of epilepsy.
• How to Obtain a Medical Marijuana Card: There is no medical marijuana card system in South Carolina. Patients with severe epilepsy may be able to obtain low-THC CBD oil through a physician’s recommendation.

Business Licensing for Marijuana Operations

• Types of Licenses Required: There are currently no marijuana business licenses available in South Carolina.
• Application Process: Not applicable.

Taxation of Marijuana Products

• Sales Tax and Excise Tax: Not applicable as marijuana sales are illegal in South Carolina.

Recent and Upcoming Marijuana Legislation

• Recent Changes in the Law: No significant changes have been made recently
• Proposed Legislation and Potential Impact: The South Carolina Compassionate Care Act (S423) has been introduced, which would create a medical marijuana program if passed. It has passed the Senate but faces challenges in the House.

Penalties for Violating Marijuana Laws

• Legal Consequences for Possession: Possession of 1 ounce or less is a misdemeanor, punishable by up to 30 days in jail and a $200 fine for a first offense.
• Penalties for Illegal Sales or Distribution: Sale or distribution is a felony with penalties ranging from 5 years to 25 years in prison and fines up to $25,000, depending on the amount.

Regulations for Marijuana Sales and Distribution

• Retail Sales Regulations: Not applicable as marijuana sales are illegal.
• Distribution and Supply Chain Requirements: Not applicable.
• Compliance with State and Local Laws: Not applicable.

Personal Use and Possession Regulations

• Limits on Possession: Any amount of marijuana possession is illegal in South Carolina.
• Public Use Restrictions: Public use is prohibited and can result in criminal charges.

Hemp Business Legality in South Carolina

• Legalization Date: Hemp was legalized in South Carolina in 2019.
• Licensing Requirements: Hemp growers must obtain a license from the South Carolina Department of Agriculture.
• Regulatory Compliance: Hemp must contain less than 0.3% THC and growers must comply with state regulations regarding cultivation, testing, and distribution.

Frequently Asked Questions

Is marijuana legal in South Carolina?

No, marijuana is illegal for both recreational and medical use in South Carolina. The state maintains strict prohibition on all forms of cannabis, with severe penalties for possession, use, and distribution.

Can I get arrested for possessing small amounts of marijuana?

Yes, possession of any amount of marijuana is illegal and can result in arrest in South Carolina. Even small amounts can lead to misdemeanor charges, with potential jail time and fines.

Can you get a marijuana card in South Carolina?

No, you cannot obtain a marijuana card in South Carolina as medical marijuana is not currently legal in the state. The only exception is the use of low-THC CBD oil for patients with severe forms of epilepsy, but there is no formal card system for this limited use.

Can I grow marijuana at home in South Carolina?

No, cultivation of marijuana is illegal in South Carolina. Growing any amount of marijuana plants is considered a felony offense with severe penalties.

What are the penalties for selling marijuana?

Selling marijuana is a felony in South Carolina with severe penalties. Sentences can range from 5 to 25 years in prison and fines up to $25,000, depending on the amount sold.

Is CBD legal in South Carolina?

CBD derived from hemp with less than 0.3% THC is legal in South Carolina. This aligns with federal regulations established by the 2018 Farm Bill.

Can I use marijuana if I have a medical card from another state?

No, South Carolina does not recognize out-of-state medical marijuana cards. Using marijuana in the state, regardless of out-of-state authorization, is illegal.

Is there a difference in penalties for marijuana concentrates vs. flower?

Yes, penalties for hashish or concentrates are generally more severe than for marijuana flower in South Carolina. The state law treats concentrates as a more serious offense.

Are there any cities in South Carolina that have decriminalized marijuana?

No, there are no cities in South Carolina that have decriminalized marijuana. The state maintains uniform prohibition across all municipalities.

Is it legal to transport marijuana through South Carolina from a legal state?

No, it is illegal to transport marijuana through South Carolina, even if you’re traveling from a state where it’s legal. Crossing state lines with marijuana is also a federal offense.

Conclusion

As of 2024, South Carolina maintains some of the strictest marijuana laws in the United States. Recreational and medical cannabis remain illegal, with severe penalties for possession, use, and distribution. However, the state has legalized hemp and CBD products containing less than 0.3% THC. While legislative efforts like the South Carolina Compassionate Care Act show potential for future medical marijuana legalization, it’s crucial to stay informed about current laws. Remember, any marijuana-related activity in South Carolina carries significant legal risks. For the most up-to-date information on cannabis laws in the state, consult with a legal professional or monitor official state resources.