South Carolina Cannabis Laws 2026: Still Illegal, and the Medical Bill Died Again
South Carolina has no medical or recreational cannabis program, and the Compassionate Care Act failed again in 2026. Here's what the law says now.
MomPuffs Team
TL;DR
Cannabis is illegal in South Carolina. A first offense for 1 ounce or less is a misdemeanor with up to 30 days in jail and a fine of up to $200; more than an ounce can be charged as intent to distribute. There's no medical program, apart from a narrow CBD oil law for severe epilepsy. The medical cannabis bill died in 2026.
South Carolina has no medical or recreational cannabis program. Senator Tom Davis has pushed the Compassionate Care Act for more than a decade, and it passed the Senate in 2022, but it has never become law.
Is weed legal in South Carolina?
No. Possessing, growing or selling cannabis is a crime, and South Carolina doesn't recognize medical cards from other states.
Penalties
- 1 ounce or less, first offense: a misdemeanor, with up to 30 days in jail and a fine of up to $200
- 1 ounce or less, repeat offense: a misdemeanor, with up to 1 year in jail
- More than 1 ounce: can be charged as possession with intent to distribute, a felony
- Growing any plants: a felony
First-time offenders may be able to get the charge dismissed and cleared through a conditional discharge or pretrial intervention program.
CBD and hemp in South Carolina
A narrow law lets people with severe epilepsy use CBD oil with very low THC. Hemp products with no more than 0.3% delta-9 THC have been sold in the state, but the federal hemp changes coming in late 2026 (below) will take many intoxicating hemp products off the shelves.
Driving and work
Driving under the influence of cannabis is a DUI. Employers can test for and ban cannabis use.
Is anything changing in 2026?
No. The latest version of the Compassionate Care Act (S. 53), which would have let certified patients buy limited amounts from licensed pharmacies, died in 2026 without passing. South Carolina doesn't have a citizen ballot initiative process.
Federal law in 2026
Federal law still treats recreational cannabis as illegal. In April 2026, the federal government moved marijuana sold under a state medical license (and FDA-approved cannabis medicines) to Schedule III, but adult-use cannabis is still Schedule I. That means it's still banned on federal land and can't legally cross state lines, even between two legal states.
Separately, a federal ban on intoxicating hemp products takes effect in two steps: synthetic and converted cannabinoids like delta-8 lose their legal status on November 12, 2026, and naturally derived hemp THC (THCA flower, hemp delta-9 edibles and drinks) on December 11, 2026.
Where to shop
There are no legal cannabis dispensaries in South Carolina. Browse smoke and vape shops in South Carolina in our directory. Listings under South Carolina dispensaries are CBD and hemp shops.
Last reviewed October 8, 2026. This guide is general information, not legal advice. Laws change, so check the official sources below before you rely on any detail.
FAQ
Is weed legal in South Carolina?
No. A first offense for 1 ounce or less is a misdemeanor with up to 30 days in jail and a fine of up to $200, and larger amounts can be charged as felonies.
Does South Carolina have medical marijuana?
No. The Compassionate Care Act has failed repeatedly, most recently in 2026. Only a narrow law allows low-THC CBD oil for severe epilepsy.
Can a first marijuana charge be cleared in South Carolina?
Often, yes. First-time offenders may qualify for conditional discharge or pretrial intervention, which can lead to the charge being dismissed and expunged.