Marijuana remains illegal in South Carolina for recreational use, and the state does not have a comprehensive medical marijuana program. Possession of even small amounts can result in criminal penalties, and home cultivation and recreational marijuana sales are prohibited.
South Carolina does have a narrow exception allowing certain patients with severe forms of epilepsy to possess qualifying cannabidiol products under Julian’s Law.
This page covers South Carolina marijuana possession laws, penalties, medical cannabidiol, home cultivation, sales, public consumption and impaired driving. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 2026
South Carolina Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Illegal |
| Recreational possession | Illegal |
| Possession of 1 ounce or less | Misdemeanor |
| First-offense penalty for 1 ounce or less | Up to 30 days in jail or a $100 to $200 fine |
| Recreational sales | Illegal |
| Home cultivation | Illegal |
| Medical marijuana | No comprehensive medical marijuana program |
| Limited medical CBD | Allowed for certain severe epilepsy patients under Julian’s Law |
| Medical dispensaries | None |
| Public marijuana use | Illegal |
| Marijuana delivery | Illegal |
| Driving while impaired | Illegal |
Is Marijuana Legal in South Carolina?
No. Recreational marijuana remains illegal in South Carolina.
State law continues to classify marijuana as a controlled substance, and there is no legal adult-use marijuana market.
Possessing, cultivating, selling or distributing marijuana without authorization can result in criminal penalties.
Unlike many states, South Carolina has also not established a comprehensive medical marijuana program with licensed dispensaries and patient identification cards.
How Much Marijuana Can You Possess in South Carolina?
There is no amount of recreational marijuana that adults may legally possess in South Carolina.
However, state law establishes a specific penalty for possession of 28 grams, or approximately 1 ounce, or less of marijuana.
Possession of 1 ounce or less for a first offense is a misdemeanor punishable by up to 30 days in jail or a fine of between $100 and $200.
Possessing more than 1 ounce can expose a person to significantly more serious charges. Under South Carolina law, possession of more than 28 grams or 1 ounce of marijuana creates prima facie evidence of a violation of the state’s law covering manufacture, distribution, delivery, purchase or possession with intent to distribute.
The circumstances of an individual case can affect the actual charge and penalty.
What Are the Penalties for Marijuana Possession in South Carolina?
For a first offense involving 1 ounce or less of marijuana, a person is guilty of a misdemeanor and may be sentenced to:
- Up to 30 days in jail; or
- A fine of at least $100 but no more than $200.
A person charged with a first simple-possession offense may potentially qualify for conditional discharge or pretrial intervention under South Carolina law.
For a second or subsequent offense involving 1 ounce or less, the offense remains a misdemeanor but carries substantially higher potential penalties. A conviction can result in up to one year in jail, a fine ranging from $200 to $1,000, or both.
South Carolina law also provides that possession of more than 1 ounce of marijuana can constitute prima facie evidence of a more serious offense involving distribution or possession with intent to distribute.
Penalties become considerably more severe for distribution, cultivation and trafficking offenses.
Can You Buy Recreational Marijuana in South Carolina?
No. South Carolina does not license recreational marijuana stores.
There are no legal adult-use dispensaries, and state law does not provide a legal way for adults to purchase recreational marijuana.
Purchasing marijuana outside an authorized exception remains prohibited under South Carolina’s controlled-substance laws.
Adults who legally purchase marijuana in another state also cannot legally bring it into South Carolina.
Is Medical Marijuana Legal in South Carolina?
South Carolina does not have a comprehensive medical marijuana program.
The state does, however, have a very limited medical cannabidiol law known as Julian’s Law, which took effect in 2014.
The law created an exception for certain patients with severe forms of epilepsy and also authorized certain cannabidiol clinical research.
This is significantly narrower than the medical marijuana programs operating in most states that have legalized marijuana for medical use. South Carolina does not have state-licensed medical marijuana dispensaries or a general medical marijuana patient program.
Who Qualifies for Medical CBD in South Carolina?
South Carolina’s limited cannabidiol exception applies to people who have received written certification from a physician licensed in the state and who have been diagnosed with:
- Lennox-Gastaut syndrome
- Dravet syndrome, also known as severe myoclonic epilepsy of infancy
- Another severe form of epilepsy that is not adequately treated by traditional medical therapies
The patient’s parent, legal guardian or other caretaker can also fall within the law’s protection under qualifying circumstances.
The physician’s written certification must state that the patient has been diagnosed with a qualifying severe form of epilepsy and that the physician believes the patient might benefit from medical use of cannabidiol.
What CBD Products Qualify Under South Carolina’s Medical Exception?
For the patient-specific exemption contained in South Carolina’s definition of marijuana, the qualifying substance must contain no more than 0.9% THC and more than 15% cannabidiol.
Julian’s Law also separately provides for federally approved clinical trials using cannabidiol preparations that meet more restrictive standards.
The limited CBD law should not be confused with a traditional medical marijuana program. It does not authorize qualifying patients to purchase conventional marijuana flower or high-THC marijuana products from dispensaries.
Hemp and hemp-derived products are regulated separately under South Carolina law.
Are There Medical Marijuana Dispensaries in South Carolina?
No. South Carolina does not operate a licensed medical marijuana dispensary system.
Because the state has not enacted a comprehensive medical marijuana program, patients cannot obtain a medical marijuana card and purchase marijuana from state-regulated dispensaries in the way patients can in states such as Florida, Pennsylvania or neighboring states with broader programs.
The narrow cannabidiol protection under Julian’s Law does not establish a conventional commercial marijuana market.
Can You Grow Marijuana at Home in South Carolina?
No. Home cultivation of marijuana is illegal in South Carolina.
The state does not allow adults to grow marijuana for recreational use, and there is no general medical marijuana home-grow protection.
Cultivating marijuana can be prosecuted under South Carolina’s laws prohibiting the manufacture of controlled substances.
For marijuana amounts below the state’s trafficking thresholds, an unlawful cultivation or manufacturing offense can still be charged as a felony. A first offense involving a Schedule I controlled substance such as marijuana can carry up to five years in prison, a fine of up to $5,000, or both.
Much larger cultivation operations can result in marijuana trafficking charges.
When Does Marijuana Become a Trafficking Offense in South Carolina?
South Carolina law classifies certain large-scale marijuana offenses as trafficking.
A person who knowingly sells, manufactures, cultivates, delivers, purchases, brings into the state or possesses 10 pounds or more of marijuana can face a trafficking charge.
For 10 pounds or more but less than 100 pounds, a first trafficking offense carries between one and 10 years in prison and a $10,000 fine.
The penalties increase substantially for larger quantities and repeat offenses.
South Carolina law also uses marijuana plant counts for some trafficking thresholds. For example, 100 to 1,000 marijuana plants can trigger a mandatory 25-year prison sentence and a $25,000 fine, regardless of the plants’ weight.
Can You Give Marijuana to Another Person in South Carolina?
No. South Carolina does not have a legal adult-use system allowing adults to gift marijuana to one another.
Giving or delivering marijuana to another person can potentially be treated as distribution or delivery under state controlled-substance law even when money does not change hands.
This differs from states with recreational legalization, where adults are often allowed to transfer limited amounts of marijuana without payment.
Can Marijuana Be Delivered in South Carolina?
No. South Carolina does not have legal recreational or medical marijuana delivery.
There are no licensed marijuana retailers authorized to deliver marijuana to consumers.
The state’s limited cannabidiol provisions for certain epilepsy patients do not establish a commercial marijuana delivery system.
Can You Use Marijuana in Public in South Carolina?
No. Recreational marijuana possession and use are illegal regardless of whether the conduct takes place in public or on private property.
Unlike states with adult-use legalization, South Carolina does not provide a legal right for adults to possess or consume recreational marijuana in their homes.
Using marijuana on private property therefore does not make otherwise illegal marijuana possession lawful.
Is Marijuana Paraphernalia Illegal in South Carolina?
South Carolina law also prohibits certain marijuana and drug paraphernalia.
State law makes it unlawful to advertise for sale, manufacture, possess, sell or deliver drug paraphernalia, or possess it with the intent to sell or deliver it.
When determining whether an object is drug paraphernalia, courts can consider factors including residue, its proximity to controlled substances, instructions accompanying the object, how it is advertised and whether the object has legitimate uses.
Violations involving paraphernalia are generally subject to civil rather than criminal fines under the state’s paraphernalia statute.
Is Driving While High Illegal in South Carolina?
Yes. Driving while impaired by marijuana or another drug is illegal in South Carolina.
State law prohibits driving when a person’s ability to operate a motor vehicle is materially and appreciably impaired by a drug, a combination of drugs or a combination of alcohol and drugs.
For a first driving-under-the-influence offense, the basic penalty can include a $400 fine or between 48 hours and 30 days in jail, with community service potentially available in lieu of the minimum jail period under certain circumstances.
More severe penalties apply to repeat offenses and impaired-driving cases involving serious injury or death.
Can You Bring Marijuana Into South Carolina From Another State?
No.
Marijuana purchased legally in another state does not become legal when brought into South Carolina.
South Carolina’s possession laws apply once the marijuana is within the state, and transporting marijuana across state lines also remains prohibited under federal law.
This applies even when marijuana was legally purchased in a state with recreational or medical legalization.
Does South Carolina Recognize Out-of-State Medical Marijuana Cards?
No. South Carolina does not operate a comprehensive medical marijuana program and does not provide general reciprocity for medical marijuana cards issued by other states.
A medical marijuana card from another state does not authorize a visitor or resident to possess marijuana in South Carolina.
The state’s narrow cannabidiol exception applies only under the specific requirements established in South Carolina law.
Official Sources
South Carolina Code of Laws, Title 44, Chapter 53: Poisons, Drugs and Other Controlled Substances
South Carolina Code Section 44-53-370: Marijuana Possession, Distribution and Trafficking Penalties
South Carolina Code, Article 18: Julian’s Law
South Carolina Code Section 56-5-2930: Driving Under the Influence of Alcohol or Drugs
