South Carolina Recreational Marijuana Laws and Penalties

Recreational marijuana is illegal in South Carolina. The state’s recreational marijuana laws treat any amount of unauthorized possession as a criminal offense, with no decriminalization threshold, no licensed dispensaries, and no legal pathway for adult use. Penalties start at misdemeanor fines for small amounts and climb to mandatory prison time for trafficking weights.

What the Law Prohibits

S.C. Code § 44-53-370 makes it a crime to possess, grow, sell, or use marijuana for any recreational purpose.¹ Marijuana is a Schedule I controlled substance under state law. Unlike states that have carved out legal adult-use markets, South Carolina has no civil-infraction threshold below which possession stops being criminal. If you have it, you can be charged.

Penalties for Simple Possession

The weight that matters is one ounce, or 28 grams. Possessing that amount or less is a misdemeanor under § 44-53-370(d)(5).¹

First offense: up to 30 days in jail, a fine between $100 and $200, or both. The court may order attendance at a drug abuse program.
Second or subsequent offense: up to one year in jail, a fine between $200 and $1,000, or both.

Those statutory fines understate what you’ll actually pay. Court costs, assessments, and surcharges can push the total well above the base figure. A first conviction also creates a criminal record that shows up on background checks for jobs, housing, and school.

Possession Over One Ounce

Cross 28 grams and the legal presumption flips. Under the same statute, having more than one ounce creates a presumption that you intended to sell or distribute.¹ Prosecutors don’t need scales, baggies, or sales texts. The weight is enough to charge a felony distribution offense rather than simple possession, and defeating that presumption at trial is difficult.

Distribution and Cultivation

Selling, delivering, or growing marijuana is a felony under § 44-53-370(b)(2), regardless of amount. A single plant falls under the same provision as a commercial grow. Penalties stack with each conviction:¹

First offense: up to 5 years in prison, a fine up to $5,000, or both.
Second offense: up to 10 years in prison, a fine up to $10,000, or both.
Third or subsequent offense: 5 to 20 years in prison, a fine up to $20,000, or both.

The statute draws no line between handing a joint to a friend and running a street-level operation. Both qualify as distribution. Prosecutors routinely use packaging, digital scales, and large cash amounts to support distribution charges when no sale was witnessed.

Trafficking

Ten pounds or more pushes the case into a separate category. Under § 44-53-370(e)(1), trafficking in marijuana is a felony with mandatory minimum prison sentences that rise with quantity.¹ The statute reaches anyone who finances or conspires in the transaction, not only the person physically holding the drugs. Judges have limited discretion to sentence below the statutory minimums.

Diversion for First-Time Offenders

Two separate programs can keep a first marijuana possession charge off your permanent record. If you qualify for either, use it.

Conditional Discharge

Under S.C. Code § 44-53-450, a person with no prior drug convictions who pleads guilty to or is found guilty of simple possession can receive a conditional discharge rather than a standard conviction.² The court defers judgment, places you on probation with conditions that usually include treatment or counseling, and dismisses the charge if you complete everything. The dismissal is not a conviction.

After a successful discharge, you can petition the court to expunge all records of the arrest, indictment, trial, and dismissal. If granted, you’re restored to your pre-arrest legal status and don’t have to disclose the charge on applications.² The expungement fee for general sessions cases is at least $350. Conditional discharge is a one-time benefit. A second drug charge won’t qualify.

Pre-Trial Intervention

The drug statute also makes first-time marijuana possession eligible for the Pre-Trial Intervention (PTI) program under §§ 17-22-10 through 17-22-160.³ PTI is run by the solicitor’s office. Accepted applicants complete community service, drug testing, and counseling, and successful completion produces a noncriminal disposition. Eligibility generally requires no prior PTI, no significant criminal history, and a finding that you pose no community threat. Administrative fees typically run about $635 to $660, plus the cost of counseling and testing.

Driving With Marijuana

Driving under the influence of marijuana is prosecuted under the standard DUI statute. S.C. Code § 56-5-2930 makes it illegal to drive while any drug “materially and appreciably” impairs your ability to operate the vehicle.⁴ There is no per se threshold like the BAC number used for alcohol. Officers prove impairment through field sobriety tests, driving observations, and sometimes blood or urine testing.

A first-offense marijuana DUI carries a fine of up to $400, 48 hours to 30 days in jail, and a six-month license suspension.⁵ Assessments and surcharges can push the real financial cost close to $1,000. The court can order 48 hours of community service in lieu of the minimum jail time. Marijuana in the passenger compartment during a stop can trigger a separate possession charge even if you weren’t using it, so a routine traffic stop can quickly become a multi-charge arrest.

Paraphernalia

Paraphernalia is a civil offense, not a criminal one. Under S.C. Code § 44-53-391, possessing items used to consume marijuana carries a civil fine of up to $500 with no statutory minimum.⁶ Because it’s civil, a paraphernalia fine alone doesn’t create a criminal record. In practice, though, paraphernalia charges almost always accompany a possession arrest, so the civil fine stacks on top of the criminal penalties. Law enforcement can also seize the items permanently.

Hemp, CBD, and Medical Cannabis

The one legal pathway for cannabis plants in South Carolina is hemp. Under S.C. Code § 46-55-10, hemp is defined as any part of the cannabis plant with a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis. Anything above that threshold is marijuana and carries the criminal penalties above. Hemp-derived products including CBD, Delta-8 THC, and HHC are currently legal to buy and possess if they meet the 0.3 percent limit, and purchasers must be 21 or older. Attempting to disguise marijuana by storing or growing it alongside hemp is a separate misdemeanor carrying up to three years in prison and a $3,000 fine.⁷

South Carolina has no broad medical marijuana program. The only existing exception is Julian’s Law, enacted in 2014, which allows patients with severe epilepsy conditions such as Dravet syndrome and Lennox-Gastaut syndrome to use cannabis-derived CBD oil containing at least 15 percent CBD and no more than 0.9 percent THC. Patients may possess only what their physician recommends. The South Carolina Compassionate Care Act (Senate Bill 53), which would create a broader medical program, was introduced in January 2025 and referred to the Senate Committee on Medical Affairs.⁸ As of early 2026 the bill remains pending in committee, and similar bills have stalled in prior sessions.

Collateral Consequences

The criminal penalties aren’t the whole picture. South Carolina places no state-law restrictions on employer drug testing, so private employers can test at any stage, including pre-hire and random, and can fire or decline to hire based on a positive result. The state has no protection for off-duty marijuana use, even for use that occurred in a state where it was legal.

Federal student aid is one area that has improved. The FAFSA Simplification Act removed the drug conviction question from the federal student aid application starting with the 2023-2024 award year.⁹ A South Carolina marijuana conviction no longer affects your eligibility for federal grants, loans, or work-study.

Housing applications, professional licensing boards, and immigration proceedings can all turn on a marijuana conviction. For anyone facing a first possession charge, the conditional discharge and PTI programs are the practical difference between a short-term problem and a record that follows you for decades.

1
South Carolina Legislature. South Carolina Code 44-53-370 – Prohibited Acts A; Penalties
2
South Carolina Legislature. South Carolina Code 44-53-450 – Conditional Discharge
3
South Carolina Legislature. South Carolina Code 44-53 – Poisons, Drugs, and Other Controlled Substances
4
South Carolina Legislature. South Carolina Code 56-5-2930 – Operating Motor Vehicle While Under Influence of Alcohol or Drugs
5
South Carolina Department of Public Safety. Impaired Driving Laws
6
South Carolina Legislature. South Carolina Code 44-53-391 – Unlawful to Advertise for Sale, Manufacture, Possess, Sell or Deliver Paraphernalia
7
South Carolina Legislature. South Carolina Code Title 46 Chapter 55 – The Hemp Farming Act
8
Fast Democracy. S 53 – South Carolina Compassionate Care Act
9
Federal Student Aid. Early Implementation of the FAFSA Simplification Acts Removal of Selective Service and Drug Conviction Requirements for Title IV Eligibility