Weed in South Carolina: Cannabis Legal Status Guide
- 1. Medical marijuana still mostly illegal in south carolina
- 1. a. Attempts at medical marijuana legalization
- 1. b. Can you buy cbd in south carolina?
- 2. Hemp cultivation in south carolina
- 3. What’s with recreational cannabis in south carolina?
- 3. a. Offenses and penalties
- 3. b. Are delta-8 and delta-10 products legal in south carolina?
- 3. c. Driving under the influence of cannabis
- 4. Final thoughts
Even among other Bible Belt states, South Carolina’s policy on marijuana is one of the most restrictive, and this is something you should keep in mind when visiting the state or relocating there. Even a small amount of cannabis found on your person may get you in a lot of trouble, and if you rely on the substance for the relief of your medical condition, South Carolina has very little to offer you so far. Read on to navigate the perilous waters of South Carolina’s cannabis laws like a pro.
Medical Marijuana Still Mostly Illegal in South Carolina
In 2014, right after the iconic Sunjay Gupta’s documentary about the benefits of CBD for epilepsy made such a huge splash across the nation, South Carolina passed a bill known as Julian's Law which allowed epileptic patients to try CBD oil for symptom control.
According to this law, the oil must contain at least 15% CBD and no more than 0.3% THC (weed’s psychoactive component) to be legal. The patients who want to benefit from this medicine must register in the program. They can also apply to be a part of clinical trials approved by the Food and Drug Administration. No other medical uses of cannabis or its products are allowed in South Carolina yet.
Attempts at Medical Marijuana Legalization
One would hardly call Julian's Law a real medical marijuana law, as CBD oil of the kind described by it is available without prescription across the US anyway. The attempts to make the medical marijuana program in South Carolina more comprehensive began in 2015, but every attempt has failed so far.
The house bill originally named Medical Marijuana Program Act was later changed to Compassionate Care Act, but it didn’t improve its chances of passing – every time it was considered (in 2015, 2017, and 2019), it didn’t make it out of the Senate.
In 2022, it was the Senate’s turn to initiate a bill with the same name, but this time it was rejected by the House on a technicality – bills of such nature in South Carolina should be proposed by the House itself and not by the Senate.
The only thing that gives S.C.’s patients any hope is that medical cannabis is regularly discussed by the legislators and that since 2019, they cite such good reasons for its legalization as the existence of studies proving marijuana’s medical benefits and its potential to curb the current opioids-misuse epidemic thanks to its pain-relieving properties.
Can You Buy CBD in South Carolina?
Yes, despite the fact that only a handful of patients can get their CBD medicine as part of the state’s medical marijuana program, anyone can get CBD oil and other products over the counter in hemp shops or online in South Carolina. The only two requirements are that the product is sourced from hemp and contains no more than the federal legal limit of 0.3% THC. Hemp and CBD (or any other products) made from it became legal in the US after the passing of the 2018 Farm Bill.
Hemp Cultivation in South Carolina
Historically, South Carolina has been growing hemp since at least the 18th century, when it was encouraged by the British to produce this crop for the benefit of the Royal Navy. This thriving industry was cut short with the passing of Marijuana Tax Act in 1937 which signaled the modern era of prohibition. Although hemp contains only trace amounts of mind-altering cannabinoids and is mostly grown for seed and fiber, it has been technically criminalized in the US until recently.
Things began to change in 2014, when the first federal attempts to restore the hemp industry in the country were made, allowing for the first cultivation experiments, and South Carolina jumped on the bandwagon in 2017. At first, the state issued only 20 licenses allowing the farmers to sow 20 acres each. Then, it grew to 50 licenses of 50 acres each, and later, these restrictions were removed.
However, hemp still isn’t treated like any other crop. For example, each applicant must undergo a criminal background check, be a resident of the state, and obtain several permits and licenses.
What’s With Recreational Cannabis in South Carolina?
Recreational cannabis remains illegal in South Carolina. This includes its use, possession, transport and any activity associated with trafficking. A few attempts to legalize adult use were made, but this isn’t likely to happen before medical use is legalized in some form.
One proposal (S. 335), which sought to legalize simple possession of up to 1 ounce of cannabis and the cultivation of up to 6 plants, was meant to be passed by the legislature but failed. Another initiative (S. 268) proposed to put a question about cannabis legalization on the 2022 ballot but again never got there.
Even a less ambitious proposal (H 3561) that sought to decriminalize small-time possession, freeing the offender from the mandatory jail time, got nowhere, and the cannabis laws in South Carolina remain among the most restrictive in the nation.
Offenses and Penalties
Unfortunately, the subject of the legality of cannabis in South Carolina inevitably degenerates into the talk about offenses and penalties. We’ve compiled them all into one table for you:
| Amount | Jail/Prison | Fine |
|---|---|---|
| Possession of Flowers | ||
| up to 1 ounce | 30 days | $200 |
| up to 10 pounds | min. 1 year | $2,000 |
| 10-100 pounds | 1-10 years | $10,000 |
| Possession of Concentrates | ||
| up to 10 g | up to 30 days | $200 |
| more than 10 g | up to 5 years | $5,000 |
| Possession with an Intent to Distribute | ||
| 1 oz - 10 pounds | up to 5 years | $5,000 |
| Purchasing within a half-mile radius of parks/schools | ||
| - | up to 1 year | $1,000 |
| Cultivation | ||
| up to 100 plants | up to 5 years | $5,000 |
| 100-1,000 plants | up to 5 years | $25,000 |
| 1,000-10,000 plants | up to 5 years | $50,000 |
| 10,000+ plants | up to 5 years | $200,000 |
Please bear in mind that law-enforcement officers may also confiscate marijuana-related assets, such as money discovered during the arrest as well as houses and vehicles that were used for trafficking.
Are Delta-8 and Delta-10 Products Legal in South Carolina?
Delta-8-THC and delta-10-THC are in the legal gray zone in South Carolina.
On the one hand, the federal Schedule I of dangerous narcotics only lists delta-9-THC (or simply THC) but not their close relatives – Delta-8 and Delta-10. The latter two were never scheduled, and they occur naturally in hemp, which since 2018 is legal across the nation.
On the other hand, both substances have psychoactive effects, although milder ones compared to regular THC, and in 2021, the state’s Attorney General’s office opined that both were illegal. Basically, the opinion of the law enforcement boils down to the following stance: “if it makes you high, it’s illegal”.
So no matter if it’s the traditional delta-9-THC or Delta-8 or Delta-10, their levels in a CBD product mustn’t cross the 0.3% threshold. The FDA also warns that Delta-8 and Delta-10 occur only in trace amounts in hemp, so any product that has sufficient levels of these two to make you high is a concentrate and dangerous products were likely involved in its manufacture.
Driving Under the Influence of Cannabis
It’s illegal to drive under the influence of marijuana in the state of South Carolina. If you’re stopped by road police for a traffic violation or because you have displayed erratic driving, the officer is likely to look for the signs of your being high, such as red eyes, slow reaction times when answering their questions, and of course, the smell of cannabis.
They may ask you to undergo a field sobriety test, but even if you pass it with flying colors, the officer may still decide there’s enough ground to arrest you for driving under the influence. In this case, you must undergo the chemical test of your blood/urine or else your driving license will be suspended.
When THC or its metabolites get discovered in your system, it’s more bad news for you, as the punishment for impaired driving in South Carolina is severe and incurs either a considerable fine or even a jail sentence:
- First offense: 48 hours - 30 days in jail or a $400 fine,
- Second offense: 5 days - 1 year in jail and a $2,100-5,100 fine,
- Third offense: 60 days - 3 years in jail and a $3,800-6,300 fine,
- More than three offenses: 1-5 years in jail.
Whether South Carolina has a zero tolerance for the presence of THC in your system or there is a threshold remains unclear.
Final Thoughts
South Carolina doesn’t seem to be a very welcoming place for cannabis enthusiasts, and one planning to visit the state or live there should be especially wary of the possible legal repercussions. For a short stay, it’s best to make a tolerance break and in any case, keep a very low profile and stay away from trouble. Be smart and safe!
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