As of 2025, marijuana remains illegal in South Carolina for both recreational and medical use, placing the state among the most restrictive in the United States when it comes to cannabis legislation.
Despite growing momentum nationwide for legal cannabis reform, South Carolina lawmakers have yet to approve any comprehensive legalization or decriminalization measures. Here’s a clear overview of the state’s current marijuana laws, proposed bills, and the future outlook.
Recreational Marijuana Use is Still Illegal
South Carolina maintains strict penalties for the possession, sale, or cultivation of marijuana. According to the South Carolina Code of Laws, possession of even a small amount (less than one ounce) is considered a misdemeanor offense. First-time offenders may face up to 30 days in jail and a $200 fine, with harsher penalties for subsequent offenses or larger quantities.
There is no legal recreational use of marijuana in the state, and even having paraphernalia (like a pipe or grinder) can lead to criminal charges.
Medical Marijuana: Only Low-THC CBD in Limited Cases
South Carolina does not operate a medical marijuana program. The only exception is “Julian’s Law” (S.C. Code § 44-53-1810), passed in 2014. This law permits patients with severe epilepsy to use low-THC, high-CBD oil—specifically, oil containing less than 0.9% THC and more than 15% CBD.
However, this law is extremely limited:
- Only patients with certain types of epilepsy qualify.
- There is no legal infrastructure for obtaining or producing the oil in-state.
- Patients and caregivers must often source CBD from out-of-state, risking legal complications.
New Bills Introduced in 2025—but Still No Legalization
Several legislative efforts aimed at reforming marijuana laws were introduced in South Carolina’s 2025 General Assembly. However, as of now, none have passed.
1. The Compassionate Care Act (Senate Bill 53)
This bill, sponsored by Senator Tom Davis, aims to legalize medical marijuana for patients with qualifying conditions such as cancer, PTSD, and multiple sclerosis.
Key features:
- Prohibits smoking marijuana or home-growing it.
- Allows licensed dispensaries and physicians to recommend medical cannabis.
- Enforces strict tracking and dosage limits.
Despite its return in 2025, the bill has not advanced in the legislature.
2. House Bill 3804 – Decriminalization Effort
This proposal seeks to reduce the penalty for possession of up to one ounce of marijuana or 10 grams of hashish to a civil offense rather than a criminal one. Civil citations would replace arrests, which could help reduce prison overcrowding.
As of the end of the 2025 session, the bill has stalled in committee.
3. House Bill 177 – Reforming Search Law
This bill proposes that the smell of marijuana alone should not be sufficient cause for police searches or arrests—a significant step toward curbing over-policing.
Though introduced with bipartisan support, HB 177 remains under review.
Why Is South Carolina Lagging Behind?
There are several reasons South Carolina remains behind the curve:
- Strong conservative opposition in the state legislature.
- Public concerns about potential abuse and regulation.
- Lack of widespread voter initiatives like those seen in other states (SC does not allow ballot initiatives).
Even though polls suggest growing public support for both medical and recreational cannabis, lawmakers have moved cautiously—often citing law enforcement and health concerns.
What’s Legal in South Carolina Regarding Cannabis?
| Cannabis Type | Legal Status |
|---|---|
| Recreational Marijuana | Illegal (criminal penalties for possession) |
| Medical Marijuana | Illegal (except limited CBD oil for epilepsy) |
| CBD Oil (Low-THC) | Legal under strict conditions (Julian’s Law) |
| THC Products | Fully illegal |
| Hemp (under 0.3% THC) | Legal (under 2018 Farm Bill) |
Conclusion: A State Slow to Change
While several U.S. states have legalized cannabis for either medical or recreational use, South Carolina remains one of the most restrictive. With continued debate over reform bills like the Compassionate Care Act and House Bill 3804, change could come—but it’s far from guaranteed.
For now, South Carolina residents and visitors should be aware: possession of marijuana in any form remains a criminal offense, with only narrow exceptions for certain CBD products.
This article has been carefully fact-checked by our editorial team to ensure accuracy and eliminate any misleading information. We are committed to maintaining the highest standards of integrity in our content.
Outside of work, he enjoys playing chess, following cricket, and writing short stories. His commitment to integrity and in-depth analysis strengthens OTE News’ mission of providing trustworthy journalism.