South Carolina
Cannabis laws & medical marijuana program in South Carolina
- $0/yr
- STATE FEE
- 7–30 d
- TIMELINE
- 2
- CONDITIONS
- 18
- MIN AGE
MEDICAL
LegalPROGRAM
- Program
- South Carolina Julian's Law (CBD oil only, severe epilepsy)
- Year legalized
- 2014
- Reciprocity
- ✗ No
LIMITS
- Possession
- CBD oil with low THC for physician-certified severe epilepsy; possession only. No in-state purchase infrastructure
- Cultivation
- ✗ Not allowed
COST & TIMELINE
- State fee
- $0 /yr
- Physician fee
- $200–$400 (typical)
- Timeline
- 7–30 days
ELIGIBILITY
- Out-of-state eligible
- ✗ No
RECREATIONAL
Not legalHEMP
ConditionalSTATUS
- CBD
- Legal
- Delta-8 THC
- Unclear
- Delta-10 THC
- Unclear
- THCa
- Unclear
RULES
- Retail rules
- South Carolina aligns with the 2018 Federal Farm Bill on industrial hemp (0.3% delta-9 THC by dry weight) under the South Carolina Hemp Farming Act (Act 14 of 2019, S.C. Code § 46-55). Retail availability of intoxicating hemp-derived cannabinoids has been substantial; the South Carolina Attorney General has issued an advisory opinion that delta-8 THC products manufactured by isomerization may be controlled substances, but the legislature has not enacted comprehensive restrictions.
- Notes
- Attorney General Alan Wilson Opinion 2021-077 stated that synthetic delta-8 THC may meet the Controlled Substances Act definition of marihuana; enforcement has been sparse and retail of these products continues across the state. SC Department of Agriculture and SLED have not pursued comprehensive crackdowns.
Qualifying conditions
How to register as a patient in South Carolina
- Obtain a written certification for severe epilepsy under Julian’s Law. South Carolina operates a narrow CBD oil authorization under Julian’s Law (Senate Bill 1035 of 2014, codified at S.C. Code §44-53-1810). The authorization covers only severe epilepsy. A South Carolina-licensed physician — typically a neurologist — must provide a written certification that the patient has been diagnosed with a chronic or debilitating disease or medical condition that produces severe or persistent seizures, and that the patient may benefit from the use of low-THC CBD oil.
- Possession is an affirmative defense; no state registry. South Carolina does not maintain a state patient registry under Julian’s Law. The physician’s written certification combined with the patient’s in-state proof of residency provides an affirmative defense against possession charges for low-THC CBD oil. The Department of Health and Environmental Control (DHEC) does not issue patient identification cards under §44-53-1810.
- No state registration fee. South Carolina charges no state patient registration fee, because there is no patient registry. The patient bears only the cost of the physician evaluation and the cost of CBD product obtained through legal channels (typically out-of-state cannabis programs or federally compliant hemp-derived CBD).
- Obtain CBD oil from out of state or federally compliant hemp channels. Registered Julian’s Law patients possess CBD oil obtained from out-of-state cannabis programs or from federally compliant hemp-derived CBD products (THC ≤0.3% by weight under the 2018 Farm Bill). South Carolina does not authorize in-state cannabis dispensaries, in-state cultivation, or higher-THC products. South Carolina does not honor out-of-state medical cards for any broader cannabis use. Adult-use cannabis remains illegal in South Carolina; the Compassionate Care Act (S 423) repeatedly passed the SC Senate but has not been enacted as of 2025.
- State registration fee
- $0
- Physician visit (typical)
- $200–$400
- Certification to card
- 7–30 days
- Out-of-state patients
- Not eligible
- Minors
- Eligible with caregiver
Hemp sources: South Carolina Hemp Farming Act (Act 14 of 2019, S.C. Code § 46-55); South Carolina Attorney General Opinion 2021-077 (delta-8 THC)
For product-specific guides, see all hemp products.
Overview
South Carolina does not have a comprehensive medical cannabis program and prohibits adult-use cannabis statewide. The state's only cannabis-related authorization is Julian's Law (Senate Bill 1035, signed by Governor Nikki Haley in 2014), which permits children with severe epilepsy to possess CBD oil under physician supervision. The law creates no in-state purchase infrastructure, no patient registry, and no cultivation framework. Patients must source product from outside South Carolina.
A more comprehensive medical-cannabis bill has been advanced repeatedly by State Senator Tom Davis without success.
Federal rescheduling cross-effect (2026)
When the April 2026 Department of Justice order placed state-licensed medical marijuana products into Schedule III of the Controlled Substances Act, South Carolina's Controlled Substances Therapeutic Research Act of 1980 (which automatically permits state-supervised research use of any Schedule III controlled substance) was triggered. Senator Davis publicly characterized this as making South Carolina "the 41st state with a legally authorized medical marijuana program," though the practical effect on patient access remains unclear pending Department of Health rulemaking.
Medical authorization (Julian's Law)
- Statute: SC Code § 44-53 (Controlled Substances); Senate Bill 1035 of 2014.
- Authorized population: children with severe epilepsy who have failed three or more anti-epileptic medications.
- Product: CBD oil with low THC content.
- Registration: none. Possession authorization only.
- Source of supply: out-of-state CBD retailers. Interstate transport carries federal-law exposure.
Recreational status
Recreational cannabis is illegal statewide. Penalties scale by weight under SC Code § 44-53-370. Possession of any amount is at minimum a misdemeanor.
Patients and caregivers
The 2014 Julian's Law creates a possession authorization rather than a structured patient/caregiver framework. No registry ID card, no caregiver designation, no statutory minimum patient age. Pediatric epilepsy patients are the intended beneficiary population, and parental authorization for the patient is standard.
Adults outside the severe-epilepsy population have no statutory pathway under current South Carolina law. The pending impact of the 1980 Therapeutic Research Act cross-effect (described above) may eventually broaden patient eligibility, but rulemaking has not produced an operational patient-access framework as of mid-2026.
Reciprocity and visiting patients
South Carolina does not extend reciprocity to any out-of-state medical-cannabis program. Visiting patients carrying medical cards from North Carolina (EBCI tribal program), Georgia, Florida, or any other state receive no statutory protection at the South Carolina border. Possession remains a misdemeanor or felony depending on quantity under SC Code § 44-53-370. Coastal-tourism corridors (Myrtle Beach, Hilton Head, Charleston) see active enforcement during peak travel seasons.
Employment and workplace
South Carolina is an at-will employment state with no statutory cannabis protection. Employers may discipline or terminate workers for positive THC tests regardless of off-duty use. Workers' compensation claims may be denied for accidents where post-incident testing returns positive. South Carolina has no statutory "lawful off-duty activity" defense for cannabis or CBD.
The Julian's Law pediatric authorization does not extend employment protection to parents or caregivers, and does not create any workplace accommodation duty for employers of the affected pediatric population. Public-employee positions and federal-contractor roles follow federal drug-free workplace rules.
Recent legislative history
Senator Tom Davis has introduced versions of the South Carolina Compassionate Care Act in successive sessions since 2014. The bill has advanced through Senate committees in multiple years (most recently 2022) but has consistently failed to clear the House Medical, Military, Public, and Municipal Affairs Committee. Key Senate sessions:
- 2022: S 150 passed the Senate but stalled in the House.
- 2023-2024: S 423 (revised Compassionate Care Act) cleared Senate Medical Affairs but did not reach a floor vote.
- 2025: Companion bills introduced in both chambers; no enactment.
- 2026: S 51 (Compassionate Care Act) followed by Davis's public April 2026 statement on the Therapeutic Research Act cross-effect.
The bill's structure has consistently included a state-issued patient ID card, licensed dispensary system, qualifying-condition list, and a 4-ounce 14-day supply cap. House Speaker Murrell Smith has been the primary procedural obstacle.
Hemp-derived intoxicants
South Carolina aligns with the federal 2018 Farm Bill on industrial hemp (cannabis with 0.3% THC or less by dry weight). Retail availability of intoxicating hemp-derived cannabinoids (delta-8 THC, delta-10 THC, THC-O, HHC) has been substantial, particularly through gas-station, vape-shop, and tobacco-retailer channels. The South Carolina Department of Health and Environmental Control and the Attorney General's office have issued advisories but legislative restrictions have not been enacted.
Federal context
Federal jurisdiction layers additional exposure on federal land, federal courthouses, military installations (Fort Jackson, Joint Base Charleston, Marine Corps Recruit Depot Parris Island, Shaw Air Force Base), and interstate highways. I-26, I-77, I-85, and I-95 corridors see concentrated drug-interdiction activity.
Frequently asked questions
Is recreational marijuana legal in South Carolina?
No. Adult-use cannabis remains illegal statewide in South Carolina. Possession of one ounce or less is a misdemeanor under SC Code §44-53-370 punishable by up to 30 days in jail and a $200 fine on a first offense, or up to one year and a $2,000 fine on a second or subsequent offense. Possession of more than one ounce is a felony with up to five years in prison and a $5,000 fine. Possession with intent to distribute, manufacture, or sale escalates to higher felony tiers with mandatory minimum sentences for trafficking quantities (10 pounds or more). South Carolina has no statewide decriminalization framework and no citizen-initiated ballot process. A conviction also affects driver licensing under separate SC statutes. Local police discretion is the primary determinant of whether first-offense possession proceeds to arrest. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Does South Carolina have a medical marijuana program?
No. South Carolina does not have a comprehensive medical cannabis program. The only state-authorized framework is Julian's Law (Senate Bill 1035 of 2014, signed by Governor Nikki Haley), which permits children with severe epilepsy to possess CBD oil with low THC content under physician supervision. The law creates no in-state purchase infrastructure, no patient registry, no dispensary licensing framework, and no caregiver designation. State Senator Tom Davis has repeatedly advanced a more comprehensive medical-cannabis bill (the South Carolina Compassionate Care Act) over multiple legislative sessions without success. When the federal April 2026 DOJ order rescheduled medical marijuana to Schedule III, South Carolina's 1980 Controlled Substances Therapeutic Research Act was triggered, but practical patient-access effect remains pending Department of Health rulemaking through 2026. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
How does Julian's Law work in practice?
Pediatric patients with severe epilepsy who have failed three or more anti-epileptic medications may possess low-THC CBD oil under physician supervision per Senate Bill 1035 of 2014, codified within SC Code §44-53. The law was named for Julian Marcellus, a Charleston child whose seizure disorder motivated the legislation. There is no state-issued ID card, no caregiver designation, no formal patient registry, and no licensed dispensary network — Julian's Law authorizes possession but creates no purchase infrastructure. Families must source product from out-of-state retailers (typically hemp-derived CBD products meeting the federal 2018 Farm Bill threshold of no more than 0.3% delta-9 THC) or by mail order. Interstate transport of cannabis-derived CBD with THC content above the federal hemp threshold carries federal-law exposure. The South Carolina Department of Health and Environmental Control administers physician oversight. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Does South Carolina accept out-of-state medical marijuana cards?
No. South Carolina does not provide reciprocity for out-of-state medical cannabis cards under any state statute. Visiting medical patients have no legal protection from prosecution under SC Code §44-53-370 beyond the limited authorization in Julian's Law (SB 1035 of 2014), which itself does not require an ID card and is restricted to pediatric severe-epilepsy patients. In April 2026, State Senator Tom Davis cited the federal Schedule III rescheduling and the state's 1980 Controlled Substances Therapeutic Research Act as automatic recognition of state-licensed medical marijuana, characterizing South Carolina as "the 41st state with a legally authorized medical marijuana program." However, the practical patient-access effect remains pending Department of Health rulemaking, and visiting patients cannot rely on this as an affirmative defense to a §44-53-370 charge as of 2026. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Are there any cannabis dispensaries in South Carolina?
No. South Carolina has no state-licensed cannabis dispensaries because the state does not authorize either a comprehensive medical program or recreational cannabis sales. Storefronts that brand themselves as "dispensaries" in South Carolina are typically hemp or CBD retailers operating under the South Carolina Hemp Farming Program, which authorizes the sale of hemp-derived products containing no more than 0.3% delta-9 THC by dry weight. These hemp retailers do not require a medical card for purchase. Cannabis-derived products with any meaningful THC concentration cannot be lawfully sold in South Carolina under SC Code §44-53-370. The federal April 2026 rescheduling of medical marijuana to Schedule III triggered the state's 1980 Controlled Substances Therapeutic Research Act, but no operational dispensary infrastructure has been established as a result through 2026. Last reviewed 2026-05-18. Informational only — not medical or legal advice.
Are cannabis edibles and gummies legal in South Carolina?
Only hemp-derived edibles meeting the federal 2018 Farm Bill threshold (no more than 0.3 percent delta-9 THC by dry weight) may be lawfully sold in South Carolina, regulated by the South Carolina Department of Agriculture. Cannabis-derived edibles containing meaningful delta-9 THC are illegal under SC Code §44-53-370. The legal status of intoxicating hemp-derived cannabinoids — delta-8 THC, delta-10 THC, THCA, and similar compounds — is contested at the state level. The South Carolina General Assembly has considered restricting these compounds in recent sessions but no comprehensive ban has passed. Local enforcement varies and retailers may stock product that subsequent enforcement actions could find unlawful. Possession of any cannabis-derived edible is treated as cannabis possession under the same penalty schedule as flower. Informational only; not legal advice; consult a licensed South Carolina attorney for individual situations.
Are vape pens or THC cartridges legal in South Carolina?
Cannabis-derived THC vape pens and cartridges are illegal in South Carolina under SC Code §44-53-370 and are prosecuted as cannabis possession. Hemp-derived vape products containing no more than 0.3 percent delta-9 THC by dry weight are lawful under the South Carolina Hemp Farming Program, but products marketed as containing delta-8 THC, delta-10 THC, THCA, HHC, or other intoxicating hemp-derived cannabinoids occupy a contested legal space. The South Carolina Department of Agriculture regulates the hemp side; the South Carolina Law Enforcement Division enforces the cannabis side. Field tests do not reliably distinguish hemp from cannabis without lab analysis, which has produced inconsistent enforcement outcomes. Buying or possessing a vape that lab-tests above the 0.3 percent threshold triggers cannabis penalties regardless of how the product was marketed at retail. Informational only; not legal advice.
Will I go to jail for cannabis possession in South Carolina?
Possibly, depending on amount and prior offenses. Under SC Code §44-53-370, simple possession of one ounce or less of cannabis is a misdemeanor punishable by up to 30 days in jail and a $200 fine on a first offense, or up to one year and a $2,000 fine on a second or subsequent offense. Possession of more than one ounce is a felony punishable by up to five years in prison and a $5,000 fine. Possession with intent to distribute, manufacture, or sale escalates to higher felony tiers with mandatory minimum sentences for trafficking quantities (10 pounds or more). A conviction also affects driver's licensing under separate SC statutes. South Carolina has no statewide decriminalization framework, and local police discretion is the primary determinant of whether a first-offense possession charge proceeds to arrest. Informational only; not legal advice; consult a licensed South Carolina attorney.
Do you need a medical card to buy from a dispensary in South Carolina?
South Carolina has no state-licensed cannabis dispensaries, so the question depends on which kind of storefront the buyer means. Hemp and CBD retailers operating under the South Carolina Hemp Farming Program sell hemp-derived products containing no more than 0.3 percent delta-9 THC and do not require a medical card or any state-issued ID beyond proof of age where applicable. Julian's Law (SB 1035 of 2014) authorizes pediatric epilepsy patients to possess low-THC CBD oil under physician supervision but creates no in-state purchase infrastructure, no state-issued ID card, no caregiver designation, and no licensed dispensary network — families must source product from out-of-state retailers. No South Carolina retailer can lawfully sell cannabis-derived products containing meaningful delta-9 THC to any buyer, with or without a medical card from another state. Informational only; not legal advice.
Sources
- Senate Bill 1035 (2014): Julian's Lawaccessed May 16, 2026
- SC Code Ann. § 44-53 (Controlled Substances)accessed May 16, 2026
- Wikipedia: Cannabis in South Carolinaaccessed May 16, 2026
- SC Code §44-53-370: Prohibited acts; penalties (controlled substances)accessed May 17, 2026
- South Carolina Department of Agriculture: Hemp Farming Programaccessed May 17, 2026
- South Carolina Controlled Substances Therapeutic Research Act of 1980 (SC Code §44-53-610)accessed May 17, 2026
- NORML: South Carolina Lawsaccessed May 17, 2026