State Law Tracker · South Carolina

Cannabis and hemp law in South Carolina

In South Carolina, recreational cannabis is illegal, medical cannabis is limited, and delta-8 THC's legal status is unclear.

Last verified October 24, 2026 · Last major change March 2019

RecreationalIllegal MedicalLimited Delta-8Unclear

Is recreational cannabis legal in South Carolina?

Illegal. Not legal or decriminalized; a bill to make possession of 1 oz or less a civil fine (House Bill 3110) died in committee when the 2025-26 session ended in May 2026.

Is medical cannabis legal in South Carolina?

Limited. Julian's Law (2014) lets patients with certain severe forms of epilepsy possess products with 0.9% THC or less and over 15% CBD with a state physician's certification; the Compassionate Care Act (Senate Bill 53) died in committee in 2026.

What can medical patients buy in South Carolina?

FlowerNoSmokingNot allowedVapesNot specified in lawEdiblesNot specified in law

South Carolina has no medical cannabis program or in-state sales; patients certified by a South Carolina physician as having certain severe forms of epilepsy may possess cannabis products with 0.9% THC or less and more than 15% CBD. Limits: 0.9% THC or less and more than 15% CBD (SC Code 44-53-110 possession exemption). Julian's Law's separate clinical-trial definition (44-53-1810) is at least 98% CBD and no more than 0.90% THC.

What are the rules for hemp products in South Carolina?

Hemp THC drinks and edibles are sold at retail with no state age limit or per-serving THC cap; a bill to set a 21+ age limit and THC limits (House Bill 3924) failed when the House rejected a conference report in June 2026.

Is delta-8 THC legal in South Carolina?

Unclear. A 2021 state Attorney General opinion says delta-8 is illegal under state law, but delta-8 products are sold in stores.

What happens if you break the law in South Carolina?

First-offense possession of 1 oz (28 g) or less is a misdemeanor punishable by up to 30 days in jail or a $100 to $200 fine; conditional discharge is available with prosecutor approval.

Is cannabis or hemp law changing in South Carolina?

In danger. Federal law excludes cannabinoids the plant cannot produce naturally (such as THC-O) from hemp on Nov. 12, 2026, and converted cannabinoids such as delta-8 made from CBD, plus hemp products over 0.4 mg total THC per container, on Dec. 11, 2026; state medical law covers only products with 0.9% THC or less for epilepsy.

In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.

Sources

  1. www.scstatehouse.gov/code/t44c053.php
  2. www.scstatehouse.gov/code/t46c055.php
  3. www.billtrack50.com/billdetail/1757273/28939
  4. www.scstatehouse.gov/sess126_2025-2026/bills/53.htm
  5. www.scstatehouse.gov/sess126_2025-2026/bills/3924.htm
  6. www.southcarolinapublicradio.org/sc-news/2026-03-20/the-state-house-gavel-senate-reverses-on-thc-drink-rules-offering-retailers-some-relief
  7. charlestoncitypaper.com/2026/05/01/is-medical-marijuana-now-legal-in-s-c/
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
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