Marijuana is not legal in South Carolina. Both recreational and medical use are prohibited, and the state has no medical marijuana program, no dispensaries, and no cardholder system. The only exception is a narrow one: certain epilepsy patients may use a low-THC cannabis oil under Julian’s Law. Everyone else caught with marijuana — even a small amount, even a first-time user — faces criminal charges.
What Possession Can Cost You
The amount matters, and the line between misdemeanor and felony is drawn at one ounce.
An ounce (28 grams) or less, first offense, is a misdemeanor punishable by up to 30 days in jail, a fine of $100 to $200, or both. A second or later conviction for the same amount stays a misdemeanor but climbs to up to one year in jail and a fine of $200 to $1,000.1South Carolina Legislature. South Carolina Code 44-53-370 – Prohibited Acts A; Penalties
Anything more than an ounce is a felony. A first conviction carries up to five years in prison and a fine of up to $5,000.1South Carolina Legislature. South Carolina Code 44-53-370 – Prohibited Acts A; Penalties The jump at that one-ounce mark is steep, and prosecutors are not obligated to charge on the lower side.
Paraphernalia is a separate matter. Pipes, bongs, rolling papers, and even storage containers can trigger a civil fine of up to $500 under South Carolina’s broad definition.
Selling and Growing
Selling any amount of marijuana in South Carolina is a felony. For under 10 pounds, a first offense carries up to five years in prison and a fine of up to $5,000.1South Carolina Legislature. South Carolina Code 44-53-370 – Prohibited Acts A; Penalties Selling to a minor or selling near a school pushes the maximum to 10 years.2South Carolina Legislature. South Carolina Code Title 44, Chapter 53
At 10 pounds, the charge becomes trafficking, and mandatory minimums kick in that a judge cannot suspend or replace with probation:
- 10 to 100 pounds, first offense: 1 to 10 years in prison and a $10,000 fine.
- 10 to 100 pounds, second offense: 5 to 20 years in prison and a $15,000 fine.
- 10 to 100 pounds, third or later: mandatory 25 years and a $25,000 fine.
- 100 to 2,000 pounds: mandatory 25 years and a $25,000 fine.
- 2,000 to 10,000 pounds: mandatory 25 years and a $50,000 fine.
- 10,000 pounds or more: 25 to 30 years (mandatory minimum of 25) and a $200,000 fine.
Growing more than 1,000 plants triggers those same mandatory minimums regardless of what the plants actually weigh.2South Carolina Legislature. South Carolina Code Title 44, Chapter 53
Driving After Using Marijuana
South Carolina’s DUI law does not distinguish between alcohol and drugs. Drive while impaired by marijuana and you can be charged the same way as an impaired drinker.
A first offense can mean 48 hours to 30 days in jail and a fine of up to $400. A second conviction carries a mandatory minimum of five days in jail with fines above $2,000. A third means at least 60 days behind bars and fines that can exceed $6,000. A fourth is a felony carrying one to five years.
There is no set THC blood-level threshold. Prosecutors build cases on officer observations, field sobriety tests, and drug recognition evaluations. Refusing a chemical test under South Carolina’s implied consent law brings an automatic license suspension of at least 90 days, separate from any criminal penalty.
The Only Medical Exception: Julian’s Law
South Carolina’s one medical-cannabis provision is Julian’s Law, enacted in 2014. It is not a medical marijuana program. It is a narrow legal defense for patients with specific forms of treatment-resistant epilepsy, including Lennox-Gastaut Syndrome and Dravet Syndrome.3National Conference of State Legislatures. State Medical Cannabis Laws
To qualify, a patient needs written physician certification for a covered condition. The oil itself must contain no more than 0.9% THC and either more than 15% CBD, or be at least 98% cannabidiol with no more than 0.9% THC.3National Conference of State Legislatures. State Medical Cannabis Laws Smokable marijuana is not permitted for anyone. The state does not issue medical marijuana cards, and there are no licensed dispensaries.
If you have chronic pain, PTSD, cancer, or any other condition that qualifies for medical cannabis in a neighboring state, that qualification does not carry over. In South Carolina, you are treated as a recreational user.
CBD, Delta-8, and Hemp Products
Hemp products containing no more than 0.3% Delta-9 THC are legal under the federal 2018 Farm Bill, and South Carolina generally follows that rule. CBD oils, tinctures, and similar hemp-derived products are widely available.
Intoxicating hemp-derived cannabinoids — Delta-8 THC, Delta-10 THC, THC-O — sit in a legal gray area. A bill filed in the 2025–2026 session (S. 137) would restrict sales to adults 18 and older, require products to be kept behind the counter, cap servings at 25 milligrams, and bar new retail locations within 1,000 feet of schools.4South Carolina Legislature. 2025-2026 Bill 137 – Hemp-Derived Cannabinoids A federal ban on intoxicating hemp products has been announced for November 2026, which could override state rules entirely.
First-Offense Options: Conditional Discharge and Expungement
South Carolina gives first-time possession defendants a way to avoid a permanent conviction. With the prosecutor’s approval, a judge can grant a conditional discharge — probation in place of a conviction. Complete probation successfully and the charge is dismissed.1South Carolina Legislature. South Carolina Code 44-53-370 – Prohibited Acts A; Penalties Some courts also offer pretrial intervention with a similar outcome.
If you were convicted rather than discharged, expungement of a first simple-possession conviction is possible, but the rules are strict. You must wait three years after finishing the entire sentence, including probation and parole, with no other convictions during that window. Expungement under this section is a once-in-a-lifetime option, and it is not available if you received a conditional discharge within the five years before the arrest you want expunged.5South Carolina Legislature. South Carolina Code 22-5-930 – Expungement; First Offense Conviction
The takeaway is practical: if you are offered conditional discharge, treat probation as seriously as a jail sentence. Failing it costs you the discharge and your one shot at expungement later.
Federal Consequences That Still Apply
Marijuana is a Schedule I controlled substance under the federal Controlled Substances Act.6Office of the Law Revision Counsel. 21 USC 812 – Schedules of Controlled Substances That classification creates problems for South Carolinians that state law never touches.
Firearms
Federal law bars any “unlawful user of or addicted to” a controlled substance from buying or possessing firearms. Marijuana users are prohibited persons regardless of state law. A January 2026 ATF interim rule clarified that disqualification requires “regular and recent use” and that someone using a lawfully prescribed controlled substance is not automatically an unlawful user.7Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance Because South Carolina does not issue marijuana prescriptions, even Julian’s Law patients can run into problems when buying a firearm.
Commercial Driving
The Department of Transportation has a zero-tolerance policy for CDL holders. Drivers are subject to random drug testing at a minimum annual rate of 50%, and a positive test triggers immediate disqualification from operating a commercial vehicle.8US Department of Transportation. Random Testing Rates Legality in another state is irrelevant.
Air Travel
TSA officers do not look for marijuana, but if they find it, they are required to refer the matter to law enforcement.9Transportation Security Administration – TSA.gov. Medical Marijuana Products with no more than 0.3% THC on a dry weight basis are allowed. Anything above that stays federally illegal, and the final call rests with the individual officer.
Employment and Federal Benefits
No federal law protects marijuana users from workplace testing or termination. Federal employees and contractors in safety-sensitive roles face mandatory testing. Marijuana use can also affect eligibility for federal housing assistance and certain federal benefits. South Carolina adds no workplace protection of its own.
What Might Change
The South Carolina Compassionate Care Act (S. 53) was introduced in January 2025 and would create a broader medical marijuana program. As of early 2026, it sat in the Senate Medical Affairs Committee with no further movement.10South Carolina Legislature. 2025-2026 Bill 53 – Compassionate Care Act Similar bills have been filed in prior sessions without passing.
At the federal level, the DEA published a proposed rule in May 2024 to move marijuana from Schedule I to Schedule III, and a December 2025 executive order directed the Attorney General to expedite that process. The rulemaking is unfinished, and marijuana remains Schedule I. Even if rescheduling is completed, it would not legalize marijuana. Schedule III drugs still require a prescription and still carry federal penalties for unauthorized possession.
For now, in South Carolina, the safe assumption is the accurate one: marijuana is illegal, penalties start at the first ounce, and the state offers no medical program to fall back on.