Joint Decisions: Is Weed Legal in South Carolina?

South Carolina graphics with weed, tincture, and spoon.

Weed laws and regulations have been relaxed across the U.S., especially at this time when more Americans are living in states where marijuana is legal versus those who don’t. However, recreational cannabis remains illegal in South Carolina. 

Possessing 28 grams of cannabis, except mature stalks or products made from its seed, may land you with a “simple possession” in SC. The state offered some leeway, though, in the medicinal context. A high CBD/low THC extract is currently legal for medical use in South Carolina. 

Be on the safe side by diving further into the nuances of South Carolina cannabis laws outlined in this updated guide. 

🔑 Key Takeaways

  • Recreational marijuana is illegal in the state, but qualified patients can avail themselves of a high CBD/low THC medicinal product. 
  • The South Carolina Compassionate Care Act is poised to be the first comprehensive medical cannabis legislation in South Carolina once it is signed into law. 
  • Hemp derivatives like CBD and THCA are legal in South Carolina as long as the product contains not more than 0.3% tetrahydrocannabinol, or Delta 9 THC. 

Is Weed Legal in South Carolina?: 2024 Update

Before indulging you with the latest updates on South Carolina cannabis laws, here are important points that paint a picture of the current legal standing of cannabis in the state. 

Is Recreational Marijuana Legal in South Carolina?

No. Recreational marijuana is not yet legal in South Carolina. In fact, a simple possession of marijuana for personal use of less than an ounce is considered a misdemeanor. Possession of more than an ounce of weed may fall under “intent to distribute”—a type of felony charge. 

Is Medicinal Weed Legal in South Carolina?

According to Kent Law Firm, the state of South Carolina is one of the few states that have not legalized or decriminalized medicinal marijuana. However, in 2014, through Julian’s Law, the use of CBD products became available for patients diagnosed with severe types of epilepsy. 

What are the 2024 Updates on South Carolina Cannabis Legalization Efforts?

So far, the South Carolina Compassionate Care Act has the best chance of pushing through 2024. The South Carolina state Senate approved the bill by a vote of 26-17, a year later Republican Sen. Tom Davis introduced it. 

The medical marijuana bill only needs one more affirmative vote before it’s forwarded to the state’s House of Representatives for consideration. 

The bill aims to make medicinal cannabis available for patients with serious conditions, backed by their doctor’s recommendation. Additionally, if passed, the legislation will authorize the existence of medical marijuana dispensaries across South Carolina. 

Is It Legal to Smoke Weed in South Carolina?

It’s illegal to smoke weed in South Carolina. Also, SC laws don’t recognize legal weed obtained from other states that have legalized medical and recreational cannabis. 

Smokeables like marijuana vape pens and dabbing tools containing THC (the main psychoactive compound of cannabis) are also prohibited. 

Here are four main marijuana-related crimes in South Carolina that you should know:

  1. Possession

Marijuana possession is the possession of the illegal substance knowingly and with knowledge that it’s an illegal product within that jurisdiction. So, if you hop in your friend’s car without any idea that there is weed inside the vehicle, it’s unlikely you’ll get charged with possession. 

  1. Possession with intent to distribute

In South Carolina, possession with intent to distribute is charged to anyone who knowingly possesses more than one ounce but less than 10 pounds of weed. The fine could go as high as $5,000 with a prison sentence of five years. The period of imprisonment and fine increase if the offender is arrested within a half-mile radius of a school or park.

  1. Cultivation

The cultivation of cannabis is the unlawful growing of cannabis plants, which includes watering and nurturing them knowingly. If proven guilty, the offender will be penalized according to the number of cannabis plants nurtured. A 100-count count of marijuana plants, for example, will be charged with a prison term of up to five years and a $5,000 fine. 

  1. Driving under the influence

It’s unlawful to operate or drive a motor vehicle under the influence of cannabis in South Carolina. First-time offenders could potentially face 48 hours to 30 days of jail sentence with a fine of $400. 

Also, the judge can order the offender to attend a number of session with the Alcohol and Drug Safety Action Program (ADSAP)

Repeating offenders will bear the consequence of one year or more jail time with a fine of between $2,100 or more. 

📚 You Might Want to Read
The Rules Of Vaping Vs Smoking In Public In The United States

Are Edibles Legal in South Carolina?

In South Carolina, marijuana manufactured in any form remains illegal, but a sprawling assortment of edibles, lotions, and oils infused with “hemp-derived” extracts are sold out in the open. 

How is that possible?

Thanks to the 2018 Agriculture Improvement Act or Farm Bill. This piece of legislation removed hemp and its derivatives from the definition of marijuana and has made the distribution of CBD and other deltas like Delta 8 possible in South Carolina as long as the extracts stay below the 0.3% Delta 9 threshold.  

✍🏻 Note
Hemp and marijuana can’t be interchangeably used, as each means different from a legal standpoint. As defined in the statute, hemp must not have a concentration of more than 0.3% of Delta 9, otherwise, it will be considered a “marijuana.”

Does South Carolina Have Dispensaries?

Yes! Dispensaries aren’t limited to stores selling weed or marijuana products. Some dispensaries in South Carolina fashion themselves as stores that sell liquor and/or hemp derivatives like CBD gummies and other deltas. 

Just take a look at the number of hemp and CBD stores sprinkled across South Carolina. 

Map of South Carolina with pinned locations of dispensaries.

Otherwise, you can buy from online stores that sell premium and legal hemp cannabinoids, like The Hemp Doctor which serves areas— Charleston, Clemson, Conway, Grand Strand, Greenville, Mount Pleasant, Myrtle Beach, and Summerville. 

How Long Until Weed Is Legal in South Carolina?

Time is the only truthteller when weed is going to be completely legal in South Carolina. There are several factors at play here, like political dynamics and the priorities of the legislative body.

In the meantime, it helps that 76% of South Carolina adults support legalizing marijuana for medical use, while 56% consent to its recreational use. The Winthrop University poll breaks the common notion that South Carolina imbibes a conservative view on cannabis legalization. 

Shop Legal and Organic Cannabinoids at The Hemp Doctor

Anticipation is running high in South Carolina as the state is moving closer towards medical cannabis legalization via the South Carolina Compassionate Care Act. If signed into law, the state is poised to be the 39th state to legalize marijuana for medical reasons in the US. 

We are aware of the anxiety associated with shopping for legal hemp products in states like South Carolina, where cannabis is illegal. Take that stress away by shopping for completely legal organic cannabinoids from The Hemp Doctor. We have something for everyone—D8, THCA, HHC, CBD, and more!


Is weed legal in South Carolina, Myrtle Beach?

No. The casual use of weed, marijuana, or pot is not permitted in Myrtle Beach. Tourists are also not allowed to possess or use them within that area or across the state. However, hemp and its derivatives, like CBD, are currently legal. 

Is weed legal in Columbia, South Carolina?

No. Weed, marijuana, or products containing more than 0.3% Delta 9 THC extract are not legal in Columbia, SC.