Just imagine you are chilling with your friends in Colorado or Virginia, where weed is normal, like picking or buying a coffee. But when you’re back in Carolina, everything is different. The South Carolina weed laws are the strictest laws among the few states.
Now, the common question comes: Is weed legal in South Carolina? The answer is no for both recreational and medical use. The debates are ongoing, and different states are trying to legalize it, but we don’t know when it will become legal. So, understanding the marijuana legalization in South Carolina is important for daily smokers or retailers. Let’s break down what’s legal in this state and what’s not. What every resident must know about laws.
South Carolina Marijuana Laws in 2025
Recreational marijuana is completely illegal, and no adults can use it, buy it, or grow it. Medical marijuana is also illegal, except for a small and important exception. According to Julian’s Law (2014), the patients who are diagnosed with epilepsy can take low-THC, high-CBD products. In 2024 and early 2025, the Compassionate Care Act (Senate Bill 53) was introduced again and passed by the Senate, but unfortunately, it was stuck in the House, and the attempt at medical access failed.
However, the CBD and Hemp-based Cannabinoids products are legal until they contain 0.3% THC or less. This is according to the federal and state industrial hemp rules, and if you buy CBD and products with more THC than it is illegal and counts as a criminal offense.
What are the Penalties for Marijuana Possession, Use, and Sale in SC?
According to NORML, If you are caught with weed in South Carolina, then you have to face severe penalties, whether you are a buyer or a retail shop owner. Having 1 ounce (28 g) or less is considered a misdemeanor, and you will be in jail for days or pay $100-$200 fine. If you are caught for the second time, then 1 year of jail or $200-$1,000 fine.
Additionally, if you have more than 1 ounce to 10 pounds, then you will be charged and end up in jail for 5 years with $5000 fine. Marijuana is considered very strictly: even more than 100 plants is considered as intent to distribute it and results in a 5-year jail sentence and a $5,000 fine; the penalties increase for higher amounts. According to Federal law, marijuana is classified as a Schedule I drug, which means a state conviction might carry additional consequences under U.S law.
Marijuana Legalization Efforts and Public Opinion in South Carolina
There have been many attempts to legalize marijuana in South Carolina, but no laws have been passed. Other bills, like S. 335 (to allow small personal possession) and advisory proposals, also failed. Yet in 2025, no legalization legislation has proceeded to final approval, but still, the poll shows 76% of people are voting for medical cannabis usage and 56% agree with recreational use of marijuana.
How do South Carolina Laws Compare to Other States?
Compared to the other neighbouring states, the South Carolina Laws are very strict. In Georgia, low-THC medical cannabis is allowed, but North Carolina has not legalized medical or recreational weed yet. In Florida, there is a complete marijuana program. But in South Carolina, no weed is legal for medical or recreational purposes, and even small possession of weed will cause harsh and strict penalties. If you carry weed from another state, then it will also be against federal law.
CBD, Hemp, and Legal Alternatives in South Carolina
The CBD oil, which is created from hemp and contains less than 0.3% THC, is legal for all adults. The products of Delta-8 THC still remain in the grey area, which means legal in a few areas and illegal in a few, depending on the country’s law enforcement. The low-THC CBD products are allowed only for epilepsy with strict conditions. There’s confusion among people as they think every type of CBD and Delta-8 products are legal, but local bans and federal laws can change things immediately. If you are caught with a product with more THC, you will face penalties.
What To Do If Charged With a Marijuana Offense in SC?
If you are charged with a marijuana offense in North Carolina, then act quickly, consult with a lawyer, and don’t consent to a search. It is recommended to get help from a marijuana attorney who is experienced. South Carolina offers drug court or alternative sentencing for persons who are eligible with certain criteria and non-violent offenders, which can sometimes keep a conviction off their record.
