Cannabis in South Carolina: Laws, Legal Status, Recreational & Medical Use

South Carolina has no legal recreational marijuana market or comprehensive medical cannabis program. Small possession remains a criminal misdemeanor. A narrow epilepsy-related exception and the separate hemp framework do not create general access to high-THC cannabis.

The Eastern Band of Cherokee Indians’ Great Smoky Cannabis Company is in Cherokee, North Carolina. It is not a South Carolina dispensary, and a lawful tribal purchase does not authorize bringing marijuana into South Carolina.

Cannabis Legal Status in South Carolina

Recreational Cannabis Laws in South Carolina

Legal Age Requirements

There is no lawful age for recreational marijuana possession. A retailer’s age policy does not establish whether a hemp product is legal.

Possession Limits

Under § 44-53-370(d)(4), one ounce or less of marijuana is a misdemeanor: first offense, up to 30 days or a $100–$200 fine; subsequent offense, up to one year, a $200–$1,000 fine, or both. Assessments can add costs. More than one ounce is prima facie evidence of a subsection (a) violation, not an automatic distribution conviction. Diversion or conditional discharge may be available.

Where Cannabis Can Be Purchased

There is no South Carolina recreational marijuana retail system. A shop selling hemp is not thereby licensed to sell marijuana.

Public Consumption Laws

Private property does not make recreational marijuana lawful. Section 56-5-2930 prohibits driving while drugs materially and appreciably impair driving faculties. Possession and impaired-driving charges are distinct; mere presence in a vehicle does not automatically prove DUI.

Home Cultivation

Personal marijuana cultivation is prohibited. The Hemp Farming Act separately requires licensing to cultivate, handle or process hemp; it does not create an unlicensed home-grow allowance.

Medical Cannabis in South Carolina

Medical Cannabis Program

S. 53, the Compassionate Care Act, has not been enacted. Its history shows referral to Senate Medical Affairs on January 14, 2025. Proposed pharmacies and qualifying conditions should not be presented as an operating program.

Qualifying Conditions

The existing exception covers Lennox-Gastaut syndrome, Dravet syndrome and other severe epilepsy inadequately treated by traditional therapies.

Patient Registration

A South Carolina-licensed physician must provide a signed, dated certification stating the diagnosis and that cannabidiol might help. This is not a general state medical-card program.

Medical vs Recreational Differences

The § 44-53-110(27) exception specifies no more than 0.9% THC and more than 15% CBD. It includes qualifying patients and their parents, guardians or caretakers. It does not authorize ordinary recreational products.

Is CBD Legal in South Carolina?

Hemp-derived does not mean unrestricted. Check the formulation, processing, labeling and intended use, as well as cannabinoid content.

Hemp-Derived CBD

The state hemp statute uses a federally defined THC level that includes the 0.3% delta-9 threshold. Its finished-product provisions exclude raw plant material. The exemption for finished hemp products expressly preserves other federal and state laws.

Cannabis-Derived CBD

A CBD-rich marijuana product does not become lawful simply because CBD is its principal cannabinoid. The narrow medical exception described above has separate eligibility and composition requirements.

CBD Food and Beverage Laws

SCDA’s hemp food guidance does not allow food or drinks with added CBD or THC, including delta-8 or delta-9, to be manufactured in South Carolina. It distinguishes certain trace-cannabinoid ingredients, including compliant full-spectrum whole-plant extract and specified hemp-seed ingredients, for food manufactured and sold within the state.

That limited allowance requires lawful sourcing, suitable food facilities and compliant labeling. It does not permit CBD/THC declarations, health claims or marketing for intoxicating effects. State compliance does not ensure federal interstate-commerce compliance.

The federal hemp timetable also changed: Public Law 119-103, approved September 2, 2026, includes a section 2019 extension until December 11, 2026 for most new restrictions. November 12 remains the start for products containing cannabinoids the plant cannot naturally produce. The deferred provisions of section 781 include the revised total-THC definition and exclusion of finished products above 0.4 mg per container of combined THC and specified similarly acting cannabinoids. Existing food restrictions remain separate.

Buying CBD in South Carolina

The companies below offer hemp products. Check the particular formulation, current batch testing, labeling and seller’s shipping restrictions before ordering.

1. CBDfx

CBDfx offers a range of hemp-derived CBD products including gummies, tinctures, capsules, vapes, and topical creams. The company produces both broad-spectrum and full-spectrum CBD formulations.

2. Foria

Foria develops plant-based CBD wellness products that combine hemp-derived CBD with botanical ingredients. The brand focuses on topical oils, wellness supplements, and specialized CBD formulations.

3. Vena CBD

Vena CBD produces a selection of CBD products designed for daily use, including gummies, tinctures, and capsules. Products are available in both full-spectrum and THC-free formulations.

4. Koi CBD

Koi CBD offers a variety of hemp-derived CBD products including tinctures, gummies, topicals, and vape products. The company publishes third-party lab reports for product transparency.

5. Extract Labs

Extract Labs produces hemp-derived CBD products including tinctures, gummies, capsules, and topical creams. The company focuses on small-batch manufacturing and clearly labeled cannabinoid content.

Where to Buy Cannabis in South Carolina

Licensed Cannabis Dispensaries

South Carolina has not established general medical marijuana dispensaries. A business name, online medical-card offer or out-of-state license is not evidence of South Carolina authorization.

Online Ordering and Pickup

An online listing does not override state possession or product rules. Do not assume an out-of-state cannabis purchase can lawfully be shipped or carried home.

Cannabis Taxes

There is no licensed recreational marijuana market to which a recreational excise-tax rate applies. Lawful taxable purchases generally face South Carolina’s 6% sales tax plus applicable local taxes, subject to exemptions. Paying tax does not legalize a prohibited product.

Cannabis Penalties and Restrictions

Section 44-53-370(e) sets marijuana trafficking thresholds beginning at ten pounds, with additional plant-count thresholds and substantial prison terms. Paraphernalia violations carry a civil fine up to $500 for individuals under § 44-53-391; statutory exceptions include specified fentanyl-testing equipment.

Recent Cannabis Legislation in South Carolina

H. 3924 did not complete enactment: the House rejected its conference report on June 25, 2026, although the Senate adopted it. Its proposed hemp restrictions are not current law merely because they appear in bill text.

H. 4759 is a House bill, not a Senate bill; it was recommitted to House Judiciary on February 4, 2026. Neither that proposal nor S. 53 creates present purchasing rights.

Frequently Asked Questions

Is cannabis legal in South Carolina?

Recreational marijuana remains illegal. Hemp and the narrow epilepsy exception have distinct requirements.

Can I get a medical card in SC?

There is no comprehensive state medical marijuana card program. The epilepsy provision uses physician certification.

Is CBD legal in South Carolina?

Some hemp-derived products may comply, but a THC percentage alone is insufficient. Food ingredients, labeling and processing matter.

Can you grow cannabis at home?

Personal marijuana cultivation is prohibited. Hemp production requires state licensing.

Summary of Cannabis Laws in South Carolina

South Carolina’s small-possession misdemeanor is not legalization or decriminalization. Separate the physician-certified epilepsy exception from general medical access, and hemp-product rules from food approvals. Proposed legislation and a legal purchase in another jurisdiction do not establish permission to possess or sell a product in South Carolina.