Is marijuana legal in South Carolina?
No. As of 2026, marijuana (weed) is not legal in South Carolina. The state has no adult-use or general medical program, only a narrow cannabidiol exception for some severe epilepsy patients.
Status checked November 4, 2026
Contents
Marijuana laws in South Carolina
South Carolina has not legalized adult-use or general medical marijuana. Unauthorized possession, sale and manufacture remain crimes under Title 44, Chapter 53. Possessing 28 grams (one ounce) or less of marijuana is a misdemeanor punishable by up to 30 days in jail or a fine of not less than $100 and not more than $200, with conditional discharge and pretrial intervention available in some cases.
Julian’s Law creates a narrow exception for cannabidiol used for Lennox-Gastaut syndrome, Dravet syndrome, or another severe form of epilepsy not adequately treated by traditional therapies. The substance must contain more than 15% cannabidiol and nine-tenths of one percent or less of THC, with a physician’s written certification. It does not create dispensaries, a patient card system, or authorization for other conditions.
Hemp farming and hemp products that meet the federally defined THC level for hemp (not more than 0.3% delta-9 THC on a dry weight basis) are regulated under Title 46, Chapter 55.
Marijuana remains illegal under federal law, and South Carolina has no state medical marijuana license.
What the law says
Legal
- for persons, or the persons' parents, legal guardians, or other caretakers, of a patient diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, also known as "severe myoclonic epilepsy of infancy", or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, the substance cannabidiol, a nonpsychoactive cannabinoid, or any compound, manufacture, salt, derivative, mixture, or preparation of any plant of the genus cannabis that contains nine-tenths of one percent or less of tetrahydrocannabinol and more than fifteen percent of cannabidiol.
Not legal
- A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars.
Quoted from South Carolina Code §44-53-370.
How old do you have to be to use marijuana in South Carolina?
There's no legal age to buy recreational weed in South Carolina, because recreational marijuana is illegal at any age. The state also has no general medical marijuana card or dispensary system. The only medical carve-out is Julian's Law, which covers a specific cannabidiol preparation for certain severe epilepsy patients with a physician's written certification.
How much marijuana can you have in South Carolina?
No amount of marijuana is legal to have in South Carolina unless it is the Julian's Law cannabidiol preparation for a qualifying severe-epilepsy patient. That is true at home and in your car. Possessing one ounce (28 grams) or less of marijuana is a misdemeanor punishable by up to 30 days in jail or a fine of $100 to $200. Larger amounts and hashish have higher penalties. Conditional discharge and a pretrial intervention program may be available for some first-time possession cases.
Where can you buy marijuana in South Carolina?
You can't legally buy weed anywhere in South Carolina. The state has no licensed marijuana dispensaries and no general medical program. Julian's Law does not create a store where patients can buy cannabis. Hemp products that meet the federally defined THC level for hemp are sold separately under the Hemp Farming Act, not as marijuana.
Can you grow marijuana at home in South Carolina?
No, you can't grow weed at home in South Carolina. Cultivating marijuana is illegal under the state's controlled-substance laws and can be charged as manufacture of a controlled substance. Julian's Law covers a specified cannabidiol preparation for certain epilepsy patients; it does not authorize growing cannabis plants at home.
Where can you use marijuana in South Carolina?
There's no legal place to smoke weed in South Carolina. Marijuana is illegal to possess and use, except for the narrow Julian's Law cannabidiol exception, which describes a nonpsychoactive cannabidiol preparation rather than smoking flower. Driving under the influence of drugs is a separate crime.
How do you get a medical marijuana card in South Carolina?
You can't get a medical marijuana card in South Carolina, because the state doesn't issue one. Julian's Law is a limited exception for patients with Lennox-Gastaut syndrome, Dravet syndrome, or another severe epilepsy that is not adequately treated by traditional therapies. A physician must provide written certification, and the preparation must have more than 15% CBD and 0.9% THC or less. There are no state dispensaries for that product.
Can visitors buy or use marijuana in South Carolina?
No. Out-of-state visitors can't buy marijuana in South Carolina, and bringing it in from another state is illegal. A medical card from another state is not recognized as a license to possess marijuana here. Visitors face the same possession penalties as residents, including the one-ounce misdemeanor.
What are the rules on driving and marijuana in South Carolina?
No, you can't drive high in South Carolina. It is illegal to drive under the influence of drugs, including marijuana. South Carolina's DUI law does not create an exception for Julian's Law patients or for hemp-derived products if the driver is impaired.
Can an employer in South Carolina fire you for using marijuana?
Yes, you can get fired for smoking weed in South Carolina. Marijuana is illegal, so it has no job protection. Julian's Law also does not require employers to allow cannabis use or to ignore a drug test. South Carolina employment is generally at-will.
What are the penalties for breaking marijuana laws in South Carolina?
Possessing one ounce or less of marijuana in South Carolina is a misdemeanor punishable by up to 30 days in jail or a fine of $100 to $200. A second or subsequent possession offense is also a misdemeanor, with higher potential jail time. Selling, distributing or possessing larger amounts can be a felony. Trafficking and manufacture carry still higher penalties under Title 44, Chapter 53.
Are CBD, hemp and delta-8 products legal in South Carolina?
Hemp and hemp products that meet the federally defined THC level for hemp—not more than 0.3% delta-9 THC on a dry weight basis—are legal to produce and sell under South Carolina's Hemp Farming Act. Products sold as delta-8 or THCA may still be treated as marijuana if they exceed that hemp definition. Julian's Law CBD oil is a separate medical exception with its own 0.9% THC and 15% CBD thresholds. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in South Carolina?
Yes. Federal law still applies in South Carolina, and marijuana is illegal under both federal and South Carolina law. Federally, marijuana remains a Schedule I controlled substance. Since April 28, 2026, only marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III, and South Carolina has no state medical marijuana license. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in South Carolina changed recently, or is it about to?
When will weed be legal in South Carolina? No date is set, and the state still has no adult-use or general medical program. Julian's Law remains a narrow epilepsy exception, not a full medical system. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (5)
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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