Is Marijuana Legal in Myrtle Beach, South Carolina?

No, marijuana is not legal in Myrtle Beach. South Carolina has some of the strictest cannabis laws in the country: no recreational use, no dispensaries, no functioning medical program, and no recognition of medical cards issued in other states. Whether you live here or you’re down for a weekend at the beach, getting caught with marijuana carries real criminal consequences.

What Happens If You’re Caught With Marijuana

South Carolina treats marijuana possession differently depending on the amount and whether you’ve been arrested before. Possessing one ounce (28 grams) or less of marijuana, or 10 grams or less of hashish, is a misdemeanor on a first offense. The penalty is up to 30 days in jail or a fine between $100 and $200, and a judge can also require you to attend a drug abuse program.¹

A second or later conviction for that same small amount is still a misdemeanor, but the stakes jump considerably: up to one year in jail, a fine between $200 and $1,000, or both.¹

Cross the one-ounce line and the law changes character. Under South Carolina Code Section 44-53-370(d)(5), having more than 28 grams creates a legal presumption that you intended to sell or distribute it. That bumps the charge from simple possession to a felony, even if every gram was meant for personal use. A first offense on this presumed-distribution charge carries up to five years in prison and a $5,000 fine.¹

Selling or delivering marijuana is a felony no matter the amount. Once the weight reaches 10 pounds, the offense becomes drug trafficking, and mandatory minimum sentences apply that a judge cannot suspend and cannot replace with probation.¹

Paraphernalia Is a Separate Issue

A pipe, rolling papers, or other marijuana-related accessories can also get you in trouble under South Carolina Code Section 44-53-391. Courts look at things like drug residue on the item, how close it was to controlled substances when found, and any statements you made about how it’s used. The penalty is a civil fine of up to $500 for individuals. Because it’s classified as a civil violation rather than a criminal conviction, it doesn’t create the kind of criminal record a possession charge would.²

Medical Marijuana and Out-of-State Cards

South Carolina does not have a working medical marijuana program. The CDC classifies the state’s program as “CBD/low THC” only, which falls short of the comprehensive medical cannabis programs that let patients use products with meaningful THC content.³

The one narrow exception covers patients diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, or other severe forms of epilepsy not adequately treated by conventional therapies. These patients may use cannabidiol products containing no more than 0.9% THC and at least 15% CBD, with written certification from a South Carolina-licensed physician. The state does this by carving those specific low-THC products out of its definition of “marijuana” in Section 44-53-110, so they don’t count as a controlled substance.

No medical dispensaries operate anywhere in South Carolina, including Myrtle Beach. If you hold a medical marijuana card issued by another state, it carries no legal weight here. Legislators have tried to expand access — the South Carolina Compassionate Care Act (Senate Bill 53) was introduced in January 2025 — but the bill has not advanced beyond committee.⁴

What About the CBD and Delta-8 Products in Myrtle Beach Smoke Shops

The products openly sold in Myrtle Beach smoke shops are hemp-derived, not marijuana. Under both federal and South Carolina law, hemp is cannabis with no more than 0.3% delta-9 THC on a dry weight basis. Anything above that threshold is marijuana and subject to the criminal penalties above.⁵

The 2018 Farm Bill removed hemp from the federal Controlled Substances Act, and South Carolina’s Hemp Farming Act follows that framework. You can legally buy, possess, and use hemp-derived CBD products in Myrtle Beach as long as they stay under the 0.3% delta-9 THC limit.⁶

Delta-8 THC and similar hemp-derived cannabinoids like HHC sit in a shifting gray area. Because they can be extracted from hemp that meets the 0.3% delta-9 threshold, they’ve been sold openly. But the state legislature is moving to tighten things up. House Bill 4759, introduced in the 2025–2026 session, would restrict the sale of consumable hemp products and set a minimum purchase age of 21 for hemp beverages.⁷

Driving After Using Marijuana

Driving while impaired by marijuana is illegal under South Carolina Code Section 56-5-2930, which covers impairment from alcohol, drugs, or any combination. You don’t have to be visibly intoxicated. The legal standard is that your ability to drive is “materially and appreciably impaired.”⁸

Unlike alcohol, the state has no legal THC blood limit that automatically triggers a DUI, and there’s no roadside breath test for marijuana. Officers build the case from what they observe: erratic driving, the smell of marijuana, red eyes, slurred speech, poor coordination, any paraphernalia visible in the vehicle. That cuts two ways. Prosecutors have to work harder to prove impairment, but there’s also no “safe” amount of THC you can point to and assume you’re in the clear.

A first-offense DUI conviction carries a $400 fine or 48 hours to 30 days in jail, and the court may substitute 48 hours of community service for the jail minimum. Your license can be suspended, and you’ll be required to complete an Alcohol and Drug Safety Action Program.⁸

If It’s Your First Charge

South Carolina offers one significant break for people facing a first drug charge. Under Section 44-53-450, if you’ve never been convicted of any drug offense under state or federal law, a court can place you on probation without entering a guilty verdict. The court sets conditions you must follow, which may include a treatment or rehabilitation program.⁹

Complete probation and meet every condition, and the court dismisses the case without a conviction. You can then apply to have the arrest and proceedings expunged. Once expunged, you’re legally restored to where you were before the arrest and don’t have to disclose it. This opportunity is available exactly once. Violate the probation terms and the court enters a guilty judgment and sentences you normally. Pick up a second drug charge later and conditional discharge is permanently off the table.⁹

People charged with simple possession of one ounce or less can also enter a pretrial intervention program under Sections 17-22-10 through 17-22-160, with the circuit solicitor’s approval.¹

Federal Property Along the Coast

Myrtle Beach sits along a coastline where federal law enforcement operates, and marijuana remains a Schedule I controlled substance under federal law. Possession on any federal property, including national parks, military installations, and federal buildings, is prosecuted under federal statutes regardless of state law.¹⁰ If you live in federally assisted housing, marijuana use can be grounds for eviction.

The practical takeaway for anyone in Myrtle Beach: marijuana is illegal to possess, sell, grow, or use in any form. The only legal cannabis products are hemp-derived items meeting the 0.3% THC threshold, and that market is facing tighter regulation. If you’re visiting from a state with legal marijuana, leave it at home.

1
South Carolina Legislature. South Carolina Code Section 44-53-370 – Prohibited Acts A; Penalties
2
South Carolina Legislature. South Carolina Code Section 44-53-391 – Unlawful to Advertise for Sale, Manufacture, Possess, Sell or Deliver, or to Possess With Intent to Sell or Deliver, Paraphernalia
3
Centers for Disease Control and Prevention. State Medical Cannabis Laws
4
South Carolina Legislature. S 53 – South Carolina Compassionate Care Act
5
Food and Drug Administration. Hemp Production and the 2018 Farm Bill
6
South Carolina Legislature. South Carolina Code Title 46 Chapter 55 – The Hemp Farming Act
7
South Carolina Legislature. 2025-2026 Bill 4759 – Intoxicating Hemp Beverages
8
South Carolina Legislature. South Carolina Code Section 56-5-2930 – Operating Motor Vehicle While Under Influence of Alcohol or Drugs
9
South Carolina Legislature. South Carolina Code Section 44-53-450 – Conditional Discharge
10
Congress.gov. Marijuana – Congressional Research Service