Is Weed Legal In South Carolina? Laws, Penalties

No, marijuana is not legal in South Carolina for recreational or medical use as of 2025. The state only permits low-THC CBD oils with no more than 0.3% THC and at least 15% CBD for epilepsy treatment. Possession of any amount of marijuana remains a criminal offense with potential jail time and fines.

South Carolina’s Current Marijuana Laws

South Carolina maintains some of the strictest cannabis regulations in the United States. The state is one of only eight states without a medical cannabis program, making it an outlier in a nation where marijuana legalization continues to expand.

While public attitudes toward cannabis have shifted nationwide, South Carolina law enforcement continues to treat marijuana possession as a serious criminal matter. Understanding these laws is critical for residents and visitors alike.

Is Recreational Marijuana Legal in South Carolina?

No. Recreational marijuana is completely illegal in South Carolina.

As of 2025, 24 states and the District of Columbia allow recreational marijuana sales, but South Carolina is not among them. Any possession, use, or distribution of marijuana for recreational purposes violates state law.

What About Decriminalization?

In early 2025, lawmakers introduced Bill 3804 to decriminalize possession of 28 grams or one ounce or less of marijuana, which would replace criminal charges with civil citations. However, this bill has not been passed into law.

Currently, even small amounts of marijuana remain criminalized in South Carolina.

Medical Marijuana Laws in South Carolina

South Carolina does not have a comprehensive medical marijuana program.

Julian’s Law: The Only Exception

The state’s only cannabis-related exception is “Julian’s Law,” which allows:

Low-THC CBD oils containing no more than 0.3% THC and at least 15% CBD for treating epilepsy patients

This extremely limited program does not allow:

Smokable marijuana
High-THC cannabis products
Treatment of conditions other than epilepsy
Access to dispensaries

The Compassionate Care Act

The South Carolina General Assembly adjourned on May 8, 2025, without holding a hearing on any cannabis legislation. Medical marijuana bills have repeatedly stalled in the legislature, leaving patients without legal access to cannabis treatments available in neighboring states.

Penalties for Marijuana Possession in South Carolina

South Carolina imposes criminal penalties for any marijuana possession. Here’s what you could face:

Simple Possession (Any Amount)

First Offense: Up to 30 days in jail or a fine of up to $200

Subsequent Offenses: Up to one year in jail or a fine of up to $2,000

Even possessing a small amount of marijuana for personal use is classified as a misdemeanor with potential incarceration.

Possession with Intent to Distribute

Penalties escalate dramatically for larger quantities or evidence of distribution intent:

10-100 pounds: 1-10 years imprisonment
100-2,000 pounds: 5-20 years imprisonment
2,000-10,000 pounds: 7-25 years imprisonment
10,000+ pounds: 25-30 years with a mandatory minimum of 25 years and a $250,000 fine

Is Weed Legal in South Carolina? Laws, Penalties & What You Need to Know

Additional Consequences

A marijuana conviction in South Carolina can result in:

Permanent criminal record
Loss of driving privileges
Difficulty finding employment
Ineligibility for federal student aid
Loss of professional licenses
Immigration consequences for non-citizens

Can You Get a Medical Marijuana Card in South Carolina?

No. South Carolina does not issue medical marijuana cards or permits.

The state has no system for:

Registering medical marijuana patients
Certifying physicians to recommend cannabis
Operating medical marijuana dispensaries
Allowing home cultivation for medical purposes

Patients seeking medical cannabis must either move to a state with a legal program or risk criminal prosecution.

Are There Marijuana Dispensaries in South Carolina?

No. There are no legal marijuana dispensaries in South Carolina.

Any storefront or online vendor claiming to sell marijuana in South Carolina is operating illegally. This includes:

Recreational dispensaries
Medical marijuana dispensaries
Cannabis delivery services

What About CBD and Hemp Products?

Hemp-derived CBD products containing less than 0.3% THC are federally legal and available in South Carolina through:

Health food stores
Specialty CBD shops
Online retailers

These products must comply with federal hemp regulations and cannot produce intoxicating effects.

What Happens If You’re Caught with Weed in South Carolina?

If law enforcement discovers marijuana in your possession, expect the following process:

1. Arrest and Charges

You will likely be arrested and charged with marijuana possession. Officers may also search for additional evidence of distribution.

2. Court Proceedings

You’ll appear before a judge who will determine your sentence based on:

Amount of marijuana
Prior criminal record
Circumstances of the arrest
Whether there’s evidence of intent to distribute

3. Potential Defenses

An experienced criminal defense attorney may challenge:

Whether the search was legal
Chain of custody for evidence
Whether the substance was actually marijuana
In 2025, lawmakers introduced Bill 177 to prevent the scent of marijuana alone from providing probable cause for searches, though this has not yet become law

4. Alternative Sentencing

South Carolina allows conditional release for first-time offenders, where fulfillment of certain conditions can result in discharge and dismissal without court adjudication of guilt

There is a three-year waiting period for expungement, though charges that were dismissed or resulted in not guilty findings may be expunged immediately

Neighboring States: Where Is Weed Legal?

South Carolina’s neighbors have varying marijuana policies:

North Carolina

Recreational: Illegal
Medical: Limited CBD oil only
Status: Similar restrictions to South Carolina

Georgia

Recreational: Illegal
Medical: Low-THC oil for specific conditions only
Status: Slightly more permissive than South Carolina

Virginia

Recreational: Legal (adults 21+)
Medical: Legal with state-issued card
Status: Full legalization with regulated dispensaries

As of May 2025, 24 U.S. states and Washington, D.C. have fully legalized cannabis for recreational use, and 38 states have legalized it in some form

South Carolina remains a holdout state while much of the nation moves toward legalization.

Can You Smoke Weed in South Carolina?

No. Smoking marijuana in South Carolina is illegal regardless of location.

This prohibition applies to:

Private residences
Private property with owner permission
Vehicles (driver or passenger)
Public spaces
Outdoors

There are no “safe” locations to consume marijuana in South Carolina. Any consumption violates state law and can result in criminal charges.

Traveling to South Carolina with Marijuana

Do not travel to South Carolina with marijuana. This includes:

Crossing State Lines

Transporting marijuana across state lines is a federal crime, even if traveling from a legal state. While 40 states allow medical cannabis use, South Carolina is not among them, and bringing marijuana into the state is illegal.

Airport Travel

Never attempt to bring marijuana through South Carolina airports. TSA is required to report illegal substances to local law enforcement, who will prosecute under state law.

Medical Marijuana Cards from Other States

South Carolina does not recognize medical marijuana cards from other states. Your out-of-state card provides no legal protection in South Carolina.

South Carolina Marijuana Laws: Legislative Outlook

Several bills have been introduced in the South Carolina legislature, but none have passed:

Medical Marijuana

The Compassionate Care Act has been proposed multiple times but continues to face opposition. South Carolina remains a firm “maybe” for reform in 2025, with House lawmakers historically blocking reform efforts.

Decriminalization

Proposed legislation would decriminalize possession of one ounce or less of marijuana and authorize law enforcement to issue civil citations instead of criminal charges. This bill remains pending.

Veterans’ Exception

House Bill 3018 would legalize possession of one ounce or less of marijuana for veterans diagnosed with service-connected PTSD. This targeted reform has not advanced.

Frequently Asked Questions

Is weed legal in South Carolina?

No. Marijuana is illegal for both recreational and medical use, with only a narrow exception for low-THC CBD oil for epilepsy.

What happens if you get caught with weed in South Carolina?

First-time possession can result in up to 30 days in jail and/or a $200 fine. Subsequent offenses carry penalties of up to one year in jail and $2,000 in fines.

Are there weed dispensaries in South Carolina?

No. There are no legal marijuana dispensaries in South Carolina.

Can you get a medical marijuana card in South Carolina?

No. South Carolina does not have a medical marijuana program or issue medical cannabis cards.

Which states have legalized weed?

As of 2025, 24 states and Washington, D.C. have legalized recreational marijuana, and 38 states have some form of medical cannabis program. South Carolina is not among them.

Is CBD legal in South Carolina?

Yes. Hemp-derived CBD products containing less than 0.3% THC are legal under federal law.

Can you smoke weed on private property in South Carolina?

No. Marijuana possession and use is illegal regardless of location, including private property.

Will South Carolina legalize marijuana soon?

Uncertain. While bills have been introduced, South Carolina’s legislature has historically been resistant to cannabis reform. No major changes appear imminent.

What You Should Do If Charged with Marijuana Possession

If you’re facing marijuana charges in South Carolina:

1. Remain Silent

Politely decline to answer questions without an attorney present. Anything you say can be used against you in court.

2. Document Everything

Write down details of your arrest, including:

Time and location
Officer names and badge numbers
What was said
Whether you consented to searches

3. Hire an Experienced Criminal Defense Attorney

A qualified lawyer can:

Challenge illegal searches
Negotiate reduced charges
Pursue alternative sentencing
Protect your rights throughout the process

4. Understand Your Options

Depending on your circumstances, you may qualify for:

Pretrial intervention programs
Conditional discharge
Expungement after completion of sentence

The Bottom Line: South Carolina’s Strict Marijuana Laws

South Carolina maintains prohibition-era cannabis policies in 2025:

✓ Recreational marijuana: Completely illegal ✓ Medical marijuana: No comprehensive program ✓ Possession penalties: Criminal charges, potential jail time ✓ Dispensaries: None exist legally ✓ Reform prospects: Uncertain and slow-moving

While national trends point toward legalization, South Carolina shows little indication of immediate policy change. Residents and visitors must understand that marijuana possession remains a serious criminal offense with lasting consequences.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Marijuana laws are complex and subject to change. If you’re facing marijuana-related charges or have specific legal questions, consult with a licensed criminal defense attorney in South Carolina.

The information provided here is current as of October 2025 but may not reflect the most recent legislative developments. Always verify current laws through official state resources or legal counsel.

Sources:

South Carolina Legislature Official Website
NORML (National Organization for the Reform of Marijuana Laws)
South Carolina Code of Laws, Title 44, Chapter 53
Current legislative bills and proposals

Need Legal Help? If you’re facing marijuana charges in South Carolina, contact a qualified criminal defense attorney immediately. Early legal intervention can significantly impact the outcome of your case.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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