Is Cannabis Legal in South Carolina?

Last verified: May 2026

The Headline

• Recreational: fully illegal under S.C. Code § 44-53-370. No statewide decriminalization.
• Comprehensive medical: not enacted. Sen. Tom Davis’s Compassionate Care Act has been introduced every session since 2014; Senate-passed twice (2022, 2024); died in House each time.
• Julian’s Law (2014): narrow CBD-only carve-out for severe-epilepsy patients (S.C. Code §§ 44-53-1810–1830).
• Possession 1 oz or less, 1st offense: misdemeanor; up to 30 days; $100–$200.
• Possession over 1 oz: prima facie PWID felony (up to 5 years / $5,000 1st offense).
• Trafficking 100–2,000 lbs: 25-year mandatory minimum, no suspension.
• Cultivation: any plant = felony manufacturing.
• Paraphernalia: civil violation, $500 max civil fine (§ 44-53-391).
• DUI: impairment-based, no per se THC limit (§ 56-5-2930).

Statutory Framework

South Carolina’s controlled-substances framework lives in S.C. Code Title 44, Chapter 53. Marijuana is a Schedule I controlled substance under § 44-53-190. Possession, manufacture, distribution, and trafficking are governed by § 44-53-370 ("Prohibited acts A; penalties"). Drug paraphernalia is governed by § 44-53-391. Hemp is governed by S.C. Code Title 46, Chapter 55 (§§ 46-55-10 to 46-55-80). DUI is governed by S.C. Code § 56-5-2930. The mandatory driver’s license suspension on any marijuana or hashish conviction is governed by § 56-1-286.

The One-Ounce PWID Cliff

Possession of more than one ounce of marijuana — or more than ten grams of hashish — is treated as prima facie evidence of possession with intent to distribute (PWID), a felony under § 44-53-370(a)/(b)(2). The defendant bears the burden of rebutting that presumption. PWID 1st offense = up to 5 years and/or $5,000; 2nd = up to 10 years and/or $10,000; 3rd or subsequent = 5–20 years and/or up to $20,000. Distribution within a half-mile of a school, park, or playground is a separate offense under § 44-53-445, punishable by up to 10 years and a $10,000 fine. See PWID felony cliff page.

Trafficking 25-Year Mandatory Minimums

"Trafficking marijuana" under § 44-53-370(e)(1) applies once a person knowingly possesses, sells, manufactures, cultivates, delivers, or brings into the state more than ten pounds. The structure includes mandatory minimum sentences with no suspension or probation: 10–100 lbs = 1–10 years mandatory min; 100–2,000 lbs = 25-year mandatory min; 2,000–10,000 lbs = 25-year mandatory min; 10,000+ lbs or 10,000+ plants = 25–30 year mandatory min. See trafficking mandatory page.

Cultivation: One Plant = Felony

South Carolina makes no exception for personal cultivation. Growing one cannabis plant is treated as manufacturing a Schedule I controlled substance under § 44-53-370(b)(2), a felony carrying up to five years for a first offense. Cultivation of more than ten pounds (or 100+ plants) escalates to trafficking; 100–1,000 plants triggers the 25-year mandatory minimum. See cultivation page.

Hash and Concentrates

Hashish is treated separately by weight in § 44-53-370(d)(4): ten grams or less is a simple-possession misdemeanor; more than ten grams is per se PWID. Concentrates beyond hashish — BHO/wax/shatter, vape cartridges, distillate — are typically charged as Schedule I controlled substances under the broader § 44-53-370(b)(2), exposing manufacturers (including BHO extractors) to felony manufacturing charges of 5–20 years.

Paraphernalia: Civil Violation

South Carolina is unusual among prohibition states in treating paraphernalia possession as a civil violation, not a criminal offense. Under § 44-53-391, possession of paraphernalia carries a maximum civil fine of $500. Manufacturing or selling paraphernalia, however, is a misdemeanor. See paraphernalia page.

Cannabis DUI — No Per Se Limit

Cannabis-impaired driving is prosecuted under § 56-5-2930 — the same general DUI statute as alcohol. South Carolina has no per se THC concentration limit; conviction requires the state to prove the driver was under the influence of cannabis to the extent that faculties were "materially and appreciably impaired." Drug Recognition Expert (DRE) testimony, SFST results, and toxicology all play roles. See cannabis DUI page.

Mandatory 6-Month License Suspension

A conviction for any controlled-substance violation involving marijuana or hashish triggers a mandatory six-month driver’s license suspension under § 56-1-286, even if the offense itself was unrelated to driving. The suspension is a substantial collateral consequence of even simple-possession cases. See license suspension page.

Federal Rescheduling Mirror Rule

⚠️ The U.S. Department of Justice’s 2025 administrative action to reschedule marijuana from Schedule I to Schedule III at the federal level may, under S.C. Code § 44-53-160(c), trigger a corresponding state schedule change. McMaster spokesperson Michelle LeClaire told the Post and Courier in April 2026 that "§ 44-53-160(c) will require the State to mirror the new federal order." This does not legalize cannabis under South Carolina law; it only changes its schedule. See federal rescheduling mirror page.

Hemp-Derived Intoxicants — The Parallel Retail Reality

South Carolina law defines hemp by reference to delta-9 THC concentration only (mirroring the federal 2018 Farm Bill). That has enabled a parallel retail market for hemp-derived intoxicants — delta-8 THC vapes and gummies, delta-9 THC seltzers and edibles dosed beneath the 0.3% dry-weight threshold (typically 5–10 mg per serving), THCA flower (which converts to delta-9 when heated), HHC, THC-O, and other novel cannabinoids. AG Alan Wilson’s Operation Ganjapreneur (December 9, 2025) seized ~30,000 lbs of product and indicted twelve. See Operation Ganjapreneur page.