South Carolina Cannabis Laws: Marijuana Restrictions, CBD Exceptions, and Legal History
Updated October 11, 2026.
Recreational marijuana remains illegal in South Carolina, and the state has not established a comprehensive medical marijuana dispensary program. Its limited epilepsy-related cannabidiol provisions and hemp farming laws are separate from the broader medical cannabis system proposed in the Compassionate Care Act.
South Carolina’s cannabis history includes therapeutic research legislation, Julian’s Law, a hemp pilot program, and repeated attempts to authorize medical cannabis. Understanding which measures became law—and which remained proposals—is essential when evaluating current legal rights.
South Carolina Cannabis Laws at a Glance
| Topic | Current Rule |
|---|---|
| Recreational marijuana | Illegal; there is no adult-use possession allowance. |
| Comprehensive medical marijuana | No enacted dispensary-based patient program. |
| Limited medical CBD provisions | Epilepsy-related exceptions and clinical research provisions exist. |
| Small-amount possession | A criminal misdemeanor, not statewide decriminalization. |
| Home marijuana cultivation | No personal recreational or medical growing allowance. |
| Hemp cultivation | Requires compliance with the state’s permitted hemp farming program. |
| Out-of-state medical cards | Do not create a general marijuana possession exemption. |
| Driving | Driving while impaired by drugs is prohibited. |
Sources: Title 44, Chapter 53, the S. 53 legislative record, and the Department of Agriculture’s hemp program.
History of Cannabis Laws in South Carolina
1980: Therapeutic Research Legislation
The South Carolina Controlled Substances Therapeutic Research Act of 1980 created a statutory framework for marijuana research involving certain cancer and glaucoma patients. It contemplated controlled distribution consistent with federal requirements, practitioner certification, and state oversight.
This research framework is not equivalent to a modern medical card and dispensary system. Its existence does not authorize patients to buy marijuana independently or grow it at home. See Sections 44-53-610 through 44-53-660.
2014: Julian’s Law
Governor Nikki Haley signed S. 1035, enacted as Act 221, on June 2, 2014. Known as Julian’s Law, the legislation addressed cannabidiol treatment for severe epilepsy, amended the marijuana definition, and authorized an FDA-approved clinical-trial framework.
Qualifying conditions include Lennox-Gastaut syndrome, Dravet syndrome, and other refractory epilepsy inadequately treated by conventional therapies. The legislation did not establish general medical dispensaries or legalize marijuana for every condition. See the enacted law and legislative history.
2017–2018: Industrial Hemp Pilot Program
On May 11, 2017, Governor Henry McMaster signed legislation allowing industrial hemp cultivation for research under the federal 2014 Farm Bill. The Department of Agriculture developed a permitting process for the pilot program.
The first growing season in 2018 involved 20 permitted farmers. This was an agricultural hemp initiative, not permission to cultivate marijuana for recreational use. Sources: the department’s 2017 announcement and program history.
2019: Hemp Farming Expands
South Carolina’s 2019 Hemp Farming Act expanded the program following the federal 2018 Farm Bill. It removed earlier constraints on participation and acreage while retaining permit, background-check, and other compliance requirements.
The state also developed processor licensing. These changes created a larger regulated hemp industry without establishing an adult-use marijuana market. See the Department of Agriculture’s expansion announcement and processor guidance.
2022: A Medical Cannabis Bill Passes the Senate
The Senate passed S. 150, the South Carolina Compassionate Care Act, in February 2022. The proposal sought a regulated medical cannabis framework with controlled production and patient access.
The bill did not become law. On May 4, 2022, it was ruled out of order in the House. Senate approval alone therefore did not create legal access for patients. The official S. 150 history records those actions.
2024: Another Senate-Approved Proposal Stalls
A subsequent version, S. 423, received final Senate approval on February 14, 2024. It reached the House and was referred to the Committee on Medical, Military, Public and Municipal Affairs.
It did not complete the legislative process. Although the proposal described therapeutic cannabis pharmacies and patient protections, those provisions did not become an operating medical program. See the S. 423 legislative record.
2025–2026: S. 53 Remains Unenacted
Senator Tom Davis and co-sponsors introduced S. 53 on January 14, 2025. The official record lists referral to the Senate Medical Affairs Committee and does not show enactment.
The proposal would authorize therapeutic cannabis sales through a regulated system. Its proposed qualifying conditions, product quantities, pharmacy requirements, and patient protections are not current permissions. See the current bill record.
Marijuana Possession Penalties
Possessing a small amount remains a criminal offense. For a first offense involving 28 grams or one ounce or less of marijuana, the statute provides up to 30 days in jail or a fine of $100 to $200. Additional court assessments can increase the amount owed.
A second or subsequent offense can carry up to one year in jail, a fine of $200 to $1,000, or both. The small-amount provision also addresses 10 grams or less of hashish.
Larger quantities, distribution, cultivation, and trafficking involve different rules and potentially much higher penalties. The one-ounce threshold is a sentencing category, not a legal possession allowance. See Section 44-53-370.
What the Limited CBD Exception Means
The 2014 law excludes certain physician-recommended preparations for severe epilepsy from the statutory marijuana definition. The exclusion addresses preparations with no more than 0.9% THC and more than 15% CBD.
Julian’s Law separately defines the cannabidiol preparation used in its clinical-trial framework: at least 98% of total cannabinoid content must be CBD, with no more than 0.90% THC by volume. These distinct provisions should not be confused with an unrestricted right to purchase cannabis oil.
A physician’s recommendation for another condition does not establish a general marijuana exemption. Consult the 2014 enacted text for the specific requirements.
Hemp, CBD, and Intoxicating Products
Hemp is regulated separately from marijuana. A product’s legality depends on its composition, production, and applicable rules; a store label saying “hemp,” “CBD,” or “THCA” is not conclusive proof of compliance.
South Carolina’s Attorney General has issued opinions addressing THC isomers, including delta-8, and hemp-derived THC beverages. The 2024 beverage opinion expressly declined to give a blanket legality assessment for an entire product category.
Lawmakers also debated additional consumable-hemp restrictions in 2026, but did not reach agreement on the major regulatory effort. Do not treat proposed age restrictions, serving limits, or retail-license provisions as enacted solely because one chamber approved them. Sources: the 2021 Attorney General opinion, 2024 beverage opinion, and June 2026 legislative reporting.
Home Growing and Cannabis Businesses
South Carolina has no personal marijuana cultivation allowance for recreational consumers or medical patients. A private garden, greenhouse, or indoor grow does not become lawful simply because the harvest is intended for personal treatment.
Permitted hemp production is a different activity. Prospective farmers must follow the Department of Agriculture’s application, testing, reporting, and production requirements. A hemp permit does not authorize a marijuana dispensary. See the official hemp farming program.
Visitors, Purchases, and Medical Cards
South Carolina has no general reciprocity program recognizing another state’s medical marijuana card as permission to possess marijuana. A purchase made legally elsewhere does not create an exemption from South Carolina’s possession law.
There is also no licensed recreational dispensary system or comprehensive medical retail system. Online offers of a “South Carolina medical marijuana card” should not be mistaken for a state authorization under an enacted patient program.
Driving and Prior Charges
South Carolina prohibits driving while under the influence of drugs to the extent that driving abilities are materially and appreciably impaired. A substance’s legal availability does not authorize impaired driving. See Section 56-5-2930.
Certain possession cases may qualify for conditional discharge or pretrial intervention, depending on statutory eligibility, prosecutorial approval, and case circumstances. These possibilities do not amount to statewide decriminalization or automatic clearing of all marijuana records. Section 44-53-370 identifies these alternatives for eligible cases.
Understanding South Carolina’s Current Framework
South Carolina’s enacted reforms have focused on narrow cannabidiol provisions and agricultural hemp. Repeated Senate support for medical cannabis has not produced a comprehensive patient program. Residents should distinguish the current criminal law, specific medical exceptions, permitted hemp activities, and proposals that never became law.
This article provides general legal information, not individualized legal advice. Check the linked official sources for subsequent changes and guidance.