Getting caught with even a small amount of marijuana in South Carolina can lead to serious legal trouble. Under the state’s strict marijuana laws in South Carolina, both recreational and most medical uses remain illegal. South Carolina Code § 44-53-370 treats marijuana as a controlled substance, and even minor possession can bring harsh penalties.
Only limited use of CBD oil is allowed for patients with severe epilepsy, while hemp products with less than 0.3 percent THC are legal. Anything stronger can result in criminal charges and long-term consequences. Understanding these laws is essential for anyone living in or visiting the state.
This article explains how South Carolina’s drug laws work, outlining penalties, exceptions, and hemp regulations in clear language. It also shows how an experienced Aiken drug crimes lawyer can help protect your rights and guide you through the legal process.
Marijuana Laws in South Carolina: Legal Status
South Carolina enforces strict marijuana laws that leave no room for recreational or general medical use. Anyone caught possessing or using marijuana can face serious criminal charges.
Recreational and Medical Use
Marijuana remains a Schedule I controlled substance, meaning it is viewed as having no accepted medical use under state law. There is no approved recreational or medical program, so possessing, using, or growing marijuana is still illegal. Even a visitor carrying cannabis purchased legally elsewhere can face arrest upon entering the state. A misdemeanor conviction can appear on background checks and harm future job or housing opportunities.
Hemp and CBD Distinction
Hemp products containing no more than 0.3 percent delta-9 THC are legal under the South Carolina Hemp Farming Act. Retailers must ensure products are lab-tested and labeled to show compliance with state regulations. Any product exceeding that limit is treated as marijuana under the law, bringing criminal penalties. These cases can be complex, so working with a knowledgeable drug possession lawyer in Aiken helps ensure compliance and prevents serious consequences.
Possession and Trafficking PenaltiesÂ
South Carolina law draws a firm line between simple possession and trafficking, with penalties increasing sharply based on weight and intent.
Simple Possession
For smaller amounts, penalties remain misdemeanor-level but still carry lasting consequences.
- Possessing one ounce or less is a misdemeanor, punishable by up to 30 days in jail or a $200 fine for a first offense.
- Repeat offenses can bring up to one year in jail and higher fines.
- Example: Being stopped with 20 grams still counts as simple possession but creates a permanent criminal record.
- Even minor convictions may appear on background checks and affect employment or travel.
- Early legal intervention can sometimes lead to reduced charges or conditional discharge eligibility.
Trafficking and Distribution
Penalties escalate once possession suggests commercial intent.
- Possessing 10 pounds or more triggers mandatory prison terms and fines exceeding $10,000.
- Packaging, scales, or large cash amounts may indicate intent to distribute.
- Convictions can affect professional licenses, immigration status, and future sentencing.
- Those charged should seek immediate guidance from a South Carolina criminal-defense attorney for case-specific advice.
Paraphernalia and DUI Offenses
South Carolina enforces strict penalties for possessing drug-related items and driving under the influence of marijuana. Understanding how these laws apply helps residents and visitors avoid lasting legal and financial consequences.
Paraphernalia Possession
Owning or selling items such as pipes, bongs, or rolling papers for drug use is illegal under state law. While personal possession often results in a civil fine of up to five hundred dollars, having a pipe with marijuana residue can still serve as evidence of possession. Businesses selling these items risk larger fines or the loss of their operating licenses.
Driving Under the Influence of Marijuana
Under South Carolina Code § 56-5-2930, it is unlawful to drive while materially and appreciably impaired by any substance. The state has no fixed THC limit, so impairment is proven through officer observations, roadside testing, and toxicology results. A conviction can bring license suspension, heavy fines, or jail time. Visitors should also remember that transporting marijuana across state lines remains a federal offense, reinforcing the need for legal counsel from a qualified drug charge defense attorney.
Limited Medical and Therapeutic Exceptions
South Carolina law provides only limited exceptions for medical or therapeutic cannabis use. These narrow allowances focus on specific medical conditions and remain heavily restricted under state regulation.
Julian’s Law (CBD for Severe Epilepsy)
Julian’s Law allows licensed physicians to recommend low-THC CBD oil containing less than 0.9 percent THC for certain epilepsy patients. It applies only to individuals with Lennox-Gastaut, Dravet, or refractory epilepsy, making it a very narrow exemption rather than full cannabis approval. Parents of affected children can obtain CBD through authorized programs, but THC-rich products remain illegal. Anyone using medical CBD should keep documentation showing compliance if questioned by law enforcement.Â
Pending Medical-Marijuana Bills
The South Carolina Compassionate Care Act, known as Senate Bill 53, seeks to establish a regulated medical-cannabis system for qualified patients. As of 2025, the bill remains under legislative review, with no formal program approved. Residents needing therapeutic relief should continue using only approved CBD sources and confirm all state requirements before travel. For legal clarity or advocacy, speaking with an Aiken County criminal defense attorney helps protect patient rights under evolving state law.
Future Outlook and Key TakeawaysÂ
Marijuana policy in South Carolina continues to evolve, but both residents and visitors must understand the current legal boundaries to avoid serious penalties.
Legislative and Federal Context
Lawmakers are cautiously evaluating limited reforms.
- State legislators continue to debate decriminalization and medical-access bills, though none have yet passed into law.
- Federal law still prohibits marijuana possession and interstate transport, so crossing state lines with cannabis remains a federal offense.
- Any future state-level reform must align with federal restrictions before wider legalization can occur.
What Residents and Visitors Should Know
Public awareness remains essential as enforcement continues.
- Hemp and CBD products are legal only within the ≤ 0.3% THC limit; all other cannabis remains banned.
- Out-of-state visitors from legalized jurisdictions should never transport marijuana into South Carolina.
- Anyone facing charges or compliance questions should consult a local attorney for accurate, case-specific guidance.
Conclusion
Marijuana remains illegal across South Carolina, with only limited exceptions for medical CBD use under Julian’s Law. Hemp products containing less than 0.3 percent THC are lawful, but any intoxicating or higher-THC substances remain prohibited. These laws continue to evolve, making legal awareness essential for residents and visitors alike.
Federal law still classifies marijuana as an illegal substance, even where state rules differ. Carrying cannabis across state lines can result in severe criminal penalties. Anyone facing marijuana-related charges should seek immediate help from a qualified lawyer in Aiken.
At Aiken Attorneys, we understand how stressful a marijuana-related charge can be. Our team has deep experience handling South Carolina drug cases and protecting clients’ rights in and out of court. Call us today at (803) 649-5338 to speak with an experienced Aiken drug crimes lawyer. Contact us to take the first step toward protecting your future and let our attorneys guide you through every stage of your case.
