Quick answer: No. Marijuana is illegal in South Carolina for both recreational and medical use. The only exception is a narrow law for low-THC cannabidiol (CBD) oil for certain patients with severe epilepsy. A first offense for an ounce or less is a misdemeanor with up to 30 days in jail, and home growing is a felony.

Last verified: October 20, 2026, against the South Carolina Code of Laws, Title 44, Chapter 53. Laws change, so check the official site before you travel or buy.

Is there any legal way to use cannabis in South Carolina?

Very little. South Carolina passed a narrow CBD law in 2014, often called “Julian’s Law.” It allows certain patients with severe forms of epilepsy to use low-THC cannabidiol oil with a doctor’s written certification, and it was later expanded slightly. It doesn’t create dispensaries or allow THC-rich products. Check the official site for the exact rules if this applies to your family.

For a decade, Senator Tom Davis has pushed the South Carolina Compassionate Care Act, a strict medical cannabis bill. The Senate has passed versions before, and a House committee has approved one too. But the bill died again when the 2026 session ended in May. So if you’re asking whether you can get a medical card in Columbia… Err… No.

What about hemp, delta-8 and CBD?

Hemp-derived products, including CBD and intoxicating hemp-THC products like delta-8 gummies and THC drinks, are still widely sold in South Carolina. In 2026, lawmakers argued over whether to ban them or regulate them. The Senate passed a regulation bill, but it died in the House in June 2026, so there’s still no state age limit or THC cap on these products.

The federal law matters more. Under the federal hemp law passed in November 2025, intoxicating hemp-THC products like delta-8 and THCA flower lose their legal status, and the main provisions take effect December 11, 2026. Expect most of them to disappear from South Carolina shelves. Plain CBD without meaningful THC isn’t the target.

How much can you possess?

Legally, none. Under S.C. Code § 44-53-370:

• 1 ounce (28 grams) or less, first offense: misdemeanor, up to 30 days in jail or a fine of $100 to $200. First offenders may get a conditional discharge or enter pretrial intervention.
• 1 ounce or less, second or later offense: misdemeanor, up to 1 year and higher fines, according to NORML’s summary.
• More than 1 ounce: the law treats this as prima facie evidence of intent to distribute, a felony that can bring up to 5 years for a first offense.
• Hash: 10 grams or less is treated like an ounce of flower, and more than 10 grams is presumed intent to distribute.

That “more than an ounce” rule is the trap. In many states, an ounce and a half is a small misdemeanor. In South Carolina, it can be charged as dealing.

Can you grow your own?

No. Growing marijuana is manufacturing under South Carolina law. Fewer than 100 plants can bring up to 5 years in prison, according to NORML’s summary. 100 or more plants triggers trafficking charges with a mandatory 25 years.

Where can you smoke?

Nowhere, legally. Marijuana use is illegal in South Carolina in public and private. Possessing paraphernalia can also bring a civil fine.

Can you drive after using?

No. South Carolina’s DUI law covers driving while impaired by any drug, including marijuana. Having marijuana in the car can also lead to a separate possession charge, and if there’s more than an ounce, possible intent-to-distribute charges.

Can you take it out of state?

No. Crossing state lines with cannabis is a federal crime, even when both states allow it. Neither of South Carolina’s neighbors, Georgia and North Carolina, has legal recreational cannabis, so there’s no nearby legal market anyway. North Carolina’s Cherokee tribal dispensary is legal only on tribal land.

Federal context as of October 2026: recreational marijuana is still Schedule I. In April 2026, state-licensed medical marijuana and FDA-approved products moved to Schedule III, and broader rescheduling was paused on September 29, 2026. Neither change creates a medical program in South Carolina, which has never passed one.

Can your employer fire you?

Yes. South Carolina has no job protections for marijuana users and is an at-will employment state. A positive drug test can cost you a job, even if you used legally while visiting another state.

What are the penalties?

• Possession, 1 oz or less (first offense): up to 30 days in jail or a $100 to $200 fine.
• Possession, 1 oz or less (repeat offense): up to 1 year in jail.
• Over 1 oz: presumed possession with intent to distribute, a felony of up to 5 years for a first offense.
• 10 pounds or more: trafficking, with mandatory minimum sentences.
• Selling near a school, playground or park: extra felony penalties.

A conviction can also follow you on background checks and hurt your job prospects. If you’re charged, talk to a lawyer about pretrial intervention and conditional discharge.

See how the neighbors compare in our North Carolina marijuana law and Georgia marijuana law guides, or look up any state on the marijuana law hub. If you travel somewhere legal, use it there and leave it there.

South Carolina marijuana law FAQ

Is weed legal in South Carolina in 2026?

No. Marijuana is illegal in South Carolina for both recreational and medical use. The only exception is low-THC CBD oil for certain patients with severe epilepsy.

What happens if I’m caught with a small amount of weed in South Carolina?

A first offense for 1 ounce or less in South Carolina is a misdemeanor punishable by up to 30 days in jail or a $100 to $200 fine. First-time offenders may qualify for conditional discharge or pretrial intervention.

Is more than an ounce of weed a felony in South Carolina?

Possibly. Under South Carolina law, possessing more than 1 ounce of marijuana is prima facie evidence of possession with intent to distribute, which is a felony that can bring up to 5 years for a first offense.

Does South Carolina have medical marijuana?

No. South Carolina has no medical marijuana program. The Compassionate Care Act has been proposed for years, but it failed again in the 2026 legislative session.

Is delta-8 legal in South Carolina?

Delta-8 and other hemp-THC products are sold in South Carolina for now, because a 2026 state regulation bill failed. Under a federal hemp law passed in November 2025, intoxicating hemp-THC products lose their legal status, and the main provisions take effect December 11, 2026.