Julian’s Law (S.1035, 2014) — SC’s Narrow CBD-Only Carve-Out

Last verified: May 2026

What Julian’s Law Does

Julian’s Law, codified at S.C. Code §§ 44-53-1810 through 44-53-1830, creates a narrow exemption from the state’s marijuana laws for patients with:

• Lennox-Gastaut Syndrome,
• Dravet Syndrome (Severe Myoclonic Epilepsy of Infancy), or
• "Any other severe form of epilepsy that is not adequately treated by traditional medical therapies."

Qualifying patients may possess and use a low-THC, high-CBD oil with:

• A cannabidiol (CBD) concentration of at least 15%,
• No more than 0.9% THC, and
• No other psychoactive substances.

Use must be recommended by a licensed neurologist (or a physician in collaboration with a neurologist) at an approved teaching hospital. The law also authorizes participation in FDA-approved CBD clinical trials.

The Legislative Path

S.1035 cleared the General Assembly in 2014 with cross-partisan support, animated by the patient-advocacy testimony of the Raines family and other parents of severe-epilepsy children. Gov. Nikki Haley signed it in June 2014. At the time, only a handful of states had any cannabis-related authorization on the books; SC’s framework, modeled loosely on Texas’s Compassionate Use Program (2015), was among the earliest "CBD-only" carve-outs in the South. See Raines & Swing page.

The Affirmative-Defense Reality

Julian’s Law has been described by SC attorneys as creating, in effect, an affirmative defense rather than a fully legal authorization. The law provides:

• No in-state production, processing, or dispensing infrastructure.
• No patient registry or ID card.
• No protection from federal law.
• No anti-discrimination protection in employment or other contexts.

Qualifying patients must obtain product out-of-state, typically via clinical-trial supply or from FDA-approved drugs such as Epidiolex (cannabidiol oral solution, FDA-approved 2018). The 2014 statute predated the federal 2018 Farm Bill’s hemp legalization, and most of its practical utility has since been overtaken by the broader availability of hemp-derived CBD (THC ≤0.3%) under federal and state hemp law. See affirmative defense page.

Epidiolex and the Standard of Care

The FDA’s 2018 approval of Epidiolex — a purified cannabidiol oral solution — for Lennox-Gastaut Syndrome and Dravet Syndrome (later expanded to tuberous sclerosis complex) made FDA-approved CBD pharmaceutical access available through traditional U.S. pharmacy channels with insurance coverage. For most pediatric severe-epilepsy patients, Epidiolex has become the practical standard of care, displacing whatever role Julian’s Law might have played as a back-up authorization for specialty CBD products.

Some Lennox-Gastaut and Dravet patients still benefit from non-Epidiolex CBD formulations — broader-spectrum oils with multiple cannabinoids in addition to CBD. For those families, Julian’s Law’s out-of-state-clinical-trial authorization remains relevant, though increasingly narrow as the Epidiolex evidence base matures.

Hemp-Derived CBD After 2018

The federal 2018 Farm Bill legalized "hemp" (cannabis with delta-9 THC ≤0.3%) at the federal level, with SC’s 2019 Hemp Farming Act amendments aligning state law. Most CBD products available in SC retail today are hemp-derived (THC ≤0.3%, often ~0% functional) and do not require Julian’s Law authorization to possess. The practical effect: Julian’s Law’s 0.9% THC ceiling for severe-epilepsy patients is rarely the operative authorization; for higher-THC formulations specifically (above the 0.3% federal hemp threshold), Julian’s Law remains the only SC authorization.

2026 Legal Posture

Section 44-53-1810 et seq. remains on the books. S.53, if enacted, would amend Sections 44-53-1810, 1820, and 1830 to make conforming changes — preserving the Julian’s Law carve-out as a separate pathway alongside the new program. Until and unless that happens, Julian’s Law remains the only authorization for cannabis-derived (rather than hemp-derived) products with measurable THC in the state.

Practical Implications

• For Lennox-Gastaut and Dravet patients: Epidiolex via standard pharmacy channels is the operational standard of care; Julian’s Law authorizes broader-spectrum CBD oils sourced out-of-state for patients whose physicians recommend non-Epidiolex formulations.
• For other severe-epilepsy patients: the "any other severe form of epilepsy that is not adequately treated by traditional medical therapies" catchall provides coverage, but the narrow product specifications (15%+ CBD, ≤0.9% THC) constrain availability.
• For non-epilepsy patients: Julian’s Law provides no authorization. PTSD, cancer, MS, and other conditions covered by the proposed Compassionate Care Act remain outside Julian’s Law’s scope.
• For federal employees: even with Julian’s Law authorization, federal-employee drug-testing rules apply. THC is detectable in standard panels regardless of whether the source product is authorized under SC state law.

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