State Regulations
Has South Carolina Legalized Marijuana?
This state is one of the few that is yet to fully initiate a medical cannabis program. Just like North Carolina, recreational cannabis in South Carolina is illegal. CBD oil that is low in THC can be used for certain chronic medical conditions.
Senate Bill 1035 “Julian's Law“, was signed into law by Republican governor Nikki Haley in June 2014 following a senate vote that was unanimous coming in at 92–5. This law allows the treatment of children suffering from severe epilepsy with CBD oil under the recommendation of a physician.
- 150 (The South Carolina Compassionate Care Act )was passed by the South Carolina senate on February 9, 2022, and now awaits the full House of Representatives floor vote.
Patients, medical professionals, and veterans together with their loved ones are hoping that South Carolina lawmakers pass the S.C. Compassionate Care Act (S. 150 and H. 3361), which were sponsored by Rep. Bill Herbkersman (R) and Sen. Tom Davis (R).
In SC, depending on the weight of the cannabis in possession at the time of arrest, penalties fall under three main categories:
possession,
distribution or trafficking
manufacturing
A criminal conviction relating to either of this could spell lifelong consequences.
Simple possession of cannabis in South Carolina is defined as being less than 1oz in possession at a time one is arrested. Simple possession is classified as a misdemeanor, though it can still hold devastating consequences if one is convicted.
The penalties for simple possession are:
First offense 1 ounce or less – Misdemeanor, punishable by a maximum $200 fine and up to 30 imprisonment, plus court costs.
Possessing 1 or less ounces or less the second time or subsequently – Misdemeanor, punishable a maximum fine of $1,000 or up to 1 year imprisonment, plus court costs.
Additionally, if you get a conviction for possession of marijuana in the state of South Carolina, it could damage your professional and personal life and you could end up losing scholarships or even employment.
Cultivation of industrial hemp in South Carolina
In South Carolina, cultivating industrial hemp dates back to as far back as the 8th century with the state passing an act in 1733in the colony encouraging hemp growing because it was considered to be “useful manufacture to his Majesty's Royal Navy”. The federal 1937 Marijuana Tax Act later greatly limited the growing of industrial hemp.
Recently however, actually in 2017, the federal 2014 Farm Bill allowed South Carolina re-legalize the cultivation of industrial hemp. Under this new legislation 20 cultivators are permitted to hold state licenses and cultivate for 20 acres (8.1 ha) each, with later expansion of 50 licenses for 50 acres (20 ha).
