South Carolina Cannabis Laws: Penalties, Julian’s Law, and DUI

Marijuana is illegal in South Carolina. State law classifies cannabis as a Schedule I controlled substance, so recreational use is prohibited, there are no dispensaries or medical marijuana cards, and no city or county has decriminalized it. A single narrow medical exception exists for certain epilepsy patients using low-THC CBD oil. Everything else — possession, cultivation, sale, and most forms of medical use — carries criminal penalties under South Carolina marijuana laws.

Penalties for Possessing Marijuana

Possessing one ounce (28 grams) or less is a misdemeanor. A first conviction carries up to 30 days in jail and a fine of $100 to $200. A second or subsequent offense is still a misdemeanor but jumps sharply: up to one year in jail and a fine of $200 to $1,000.¹

The one-ounce threshold matters more than it sounds. Anything over 28 grams is treated as automatic evidence of intent to distribute, which turns a petty case into a felony-level charge.¹ You can try to argue the whole amount was for personal use, but the burden has shifted to you. Prosecutors don’t have to prove you planned to sell anything. This is one of the most common ways people end up charged with distribution without ever having conducted a sale.

Cultivation and Trafficking

Growing marijuana counts as manufacturing, and the penalties track those for selling. Trafficking charges apply at 10 pounds or more, and the sentences are mandatory minimums that judges cannot suspend. Probation is not available at any tier.¹

10 to 99 pounds: one to 10 years in prison and a $10,000 fine on a first offense. A second offense raises the range to five to 20 years and a $15,000 fine. A third offense is a flat 25 years and a $25,000 fine.
100 to 1,999 pounds, or 100 to 1,000 plants: a mandatory 25 years and a $25,000 fine, even on a first offense.
2,000 to 9,999 pounds, or 1,000 to 10,000 plants: a mandatory 25 years and a $50,000 fine.
10,000 pounds or more, or 10,000+ plants: 25 to 30 years in prison.

The plant-count thresholds apply regardless of weight. Immature plants that weigh almost nothing still count toward the totals.

Drug-Free School Zones

Selling, growing, or possessing marijuana with intent to distribute within a half-mile of a school, park, playground, trade school, or college is a separate felony on top of the underlying drug charge. Conviction adds up to 10 years in prison and a $10,000 fine. If the offense involved only purchasing, the enhancement drops to a misdemeanor with up to one year in jail and a $1,000 fine.²

Prosecutors must prove two things: that you knew you were inside the zone, and that the offense actually took place there. Being stopped by police inside the zone is not enough if the transaction happened elsewhere. Still, half a mile covers a lot of ground in most South Carolina towns, and many people have no idea they are within range of a qualifying property.

Driving Under the Influence of Marijuana

South Carolina’s DUI statute covers impairment by any drug, not just alcohol. If an officer believes marijuana has impaired your driving, you face the same charge structure as a drunk driver. A first offense carries a $400 fine or 48 hours to 30 days in jail, with community service allowed in place of the 48-hour minimum. A second offense runs $2,100 to $5,100 and five days to one year in jail. A third is $3,800 to $6,300 and 60 days to three years.³

Anyone driving on South Carolina roads is deemed to have consented in advance to chemical testing of breath, blood, or urine upon a DUI arrest. Refusing the test suspends your license for at least six months, and the refusal can be used against you in court.⁴ Unlike alcohol, there is no numerical THC limit. Impairment is judged on officer observations, field sobriety tests, and lab results.

Medical Marijuana: The Julian’s Law Exception

South Carolina has no medical marijuana program. You cannot get a medical card, shop at a dispensary, or legally use whole-plant cannabis for any condition. The only exception is Julian’s Law, which allows patients with Lennox-Gastaut Syndrome or Dravet Syndrome — two severe forms of epilepsy — to use CBD oil containing no more than 0.9% THC, with a written certification from a licensed physician. The protection covers only that specific formulation. Edibles, flower, vape cartridges, and other cannabis products remain fully illegal regardless of any medical claim.

A broader bill, the South Carolina Compassionate Care Act (Senate Bill 53), would create a regulated medical cannabis program covering conditions such as cancer, multiple sclerosis, PTSD, Crohn’s disease, and chronic pain currently treated with opioids. As of early 2026 the bill remains in the Senate Committee on Medical Affairs, where it was referred in January 2025, and has not passed either chamber.⁵ Until it passes, Julian’s Law is the only legal route to any cannabis product beyond hemp.

Hemp, CBD, and Delta-8

Hemp and marijuana are divided by a single number in South Carolina: 0.3% delta-9 THC on a dry-weight basis. At or below that figure, the plant or product is legal hemp. Above it, the state treats it as marijuana.⁶ CBD oils, tinctures, gummies, and similar products made from legal hemp are sold openly across the state.

Delta-8 THC and similar hemp-derived cannabinoids currently sit in a gray area. They are widely available in South Carolina shops because they come from legal hemp. A bill introduced in January 2026, H. 4759, would classify delta-8 and dozens of related compounds as “intoxicating hemp products” and make their sale or possession punishable under the same statutes that cover marijuana, with SLED given exclusive enforcement authority.⁷ Whether it passes is uncertain, but the direction of travel is tighter regulation. If you buy delta-8 products, watch this bill.

Paraphernalia

Possessing or selling drug paraphernalia — pipes, bongs, scales, and similar items — is prohibited, but the penalty is a civil fine of up to $500, not jail time. The statute specifically states that the fine “shall not give rise to any disability or legal disadvantage based on conviction for a criminal offense.”⁸ Whether an object counts as paraphernalia depends on context: a glass pipe sold for tobacco becomes paraphernalia if it has marijuana residue or sits next to cannabis. In practice, paraphernalia almost always rides alongside a possession charge rather than standing alone.

Options for First-Time Offenders

A first marijuana charge is not necessarily a conviction. If you have no prior drug convictions under state or federal law, a court can defer your guilty plea and place you on probation with treatment conditions under the conditional discharge statute. Complete the terms and the charges are dismissed; violate them and the court enters the guilty verdict it held back.⁹ This is a one-time opportunity: the statute allows conditional discharge “only once with respect to any person.” After dismissal, you can petition to expunge the arrest, charge, and dismissal from your record.

Many judicial circuits also offer Pre-Trial Intervention, a diversion program for first-time, nonviolent offenders that typically involves monthly check-ins, community service, drug testing, and fees that vary by circuit. Successful completion ends the case with a noncriminal disposition, and you can then apply to have the arrest records destroyed.¹⁰ PTI is run by the solicitor’s office rather than the court, so it moves through a different channel than conditional discharge.

If you were already convicted of first-offense simple possession, you can seek expungement once three years have passed with no new convictions, measured from the end of your full sentence including probation or parole.¹¹ Second and later marijuana convictions are not eligible.

1
South Carolina Legislature. South Carolina Code 44-53-370 – Prohibited Acts A; Penalties
2
South Carolina Legislature. South Carolina Code of Laws – Title 44 Chapter 53 – Section 44-53-445
3
South Carolina Legislature. South Carolina Code 56-5-2930 – Operating Motor Vehicle Under Influence of Alcohol or Drugs
4
South Carolina Legislature. South Carolina Code 56-5-2950 – Implied Consent to Testing for Alcohol or Drugs
5
South Carolina Legislature. 2025-2026 Bill 53 – Compassionate Care Act
6
South Carolina Legislature. South Carolina Code of Laws – 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 44-53-391 – Unlawful to Advertise for Sale, Manufacture, Possess, Sell or Deliver Paraphernalia
9
South Carolina Legislature. South Carolina Code 44-53-450 – Conditional Discharge
10
South Carolina Eleventh Judicial Circuit Solicitor’s Office. Pre-Trial Intervention (PTI)
11
South Carolina Legal Services. Overcoming a Criminal Record (Expungement)