# What are the current laws on marijuana in South Carolina?

Natalie Fletcher · August 4, 2026

> Marijuana remains illegal for both recreational and medical use in South Carolina as of 2025, making it one of the most restrictive states in the US...

Marijuana remains illegal for both recreational and medical use in South Carolina as of 2025, making it one of the most restrictive states in the US regarding cannabis legislation.

The state has allowed limited use of low-THC, high-CBD products since 2014 for patients with certain medical conditions, but this does not constitute a full medical marijuana program.

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Possession of any amount of marijuana is a criminal offense in South Carolina, punishable by fines and potential jail time, with the severity increasing based on the amount possessed.

Individuals found cultivating less than 100 marijuana plants face felony charges, which can result in up to five years in prison and fines up to $5,000.

In 2023, legislative attempts to decriminalize possession of up to 28 grams (one ounce) of marijuana were proposed but stalled in committee, indicating ongoing resistance to cannabis reform.

Law enforcement in South Carolina may issue civil citations for possession of small amounts of marijuana if future decriminalization proposals are passed, although this remains untested as of now.

Driving under the influence of cannabis is illegal, similar to alcohol, and can lead to DUI charges regardless of whether the driver is in a medical marijuana state.

The American Civil Liberties Union reported that South Carolina has one of the highest rates of marijuana arrests relative to its population, raising concerns about racial disparities in enforcement.

Despite its restrictive laws, there is ongoing advocacy for cannabis reform, with some groups proposing bills aimed at establishing a regulated medical marijuana program.

The state has experienced numerous legislative attempts to change its cannabis laws, but these efforts often face significant opposition, reflecting a complex political landscape.

A recent bill (Bill 3110) introduced in 2025 aims to amend the state's code to decriminalize small amounts of marijuana, signaling some movement towards reform but facing challenges in gaining traction.

Cannabis remains classified as a Schedule I controlled substance in South Carolina, which means it is regarded as having a high potential for abuse and no accepted medical use.

The restrictive nature of South Carolina's cannabis laws has led some residents to seek alternative therapies, including the use of CBD products that comply with state regulations.

The South Carolina Cannabis Information Portal has been established to provide information about cannabis laws, although it primarily reflects the current prohibitions rather than potential reforms.

Scientific studies have found that cannabis has various therapeutic effects, which fuels the debate for legalization; however, the state government remains cautious and resistant to change.

The current legal framework creates a disparity between South Carolina and neighboring states where medical or recreational marijuana is legal, creating a potential economic and social divide.

There is a significant body of research indicating that decriminalizing cannabis could reduce strain on the criminal justice system, yet South Carolina has not pursued these pathways as aggressively as some other states.

The state’s laws regarding cannabis can change rapidly based on public opinion, advocacy efforts, and shifting political dynamics, making it a constantly evolving issue.

Currently, South Carolina's penalties for marijuana offenses are seen as some of the harshest in the country, which has led to a growing movement advocating for reform and decriminalization.

The ongoing debate around marijuana legalization in South Carolina encapsulates broader national conversations about cannabis, public health, law enforcement, and social justice issues.

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