South Carolina
Last verified: March 2026 · editorial-team
Possession Limit
N/A
Flower (adult use)
Concentrates
N/A
Per transaction
Home Grow
Not permitted
Personal cultivation
Delivery
Not allowed
Licensed delivery
License Types
Other
No cannabis licensing framework exists. South Carolina has no medical or recreational cannabis program. Hemp-derived CBD products (under 0.3% THC) are legal under the 2018 Farm Bill, but there are no state-issued cannabis licenses of any kind.
Est. Fees
N/A
Processing Time
N/A
Tax Structure
Excise Rate
No cannabis excise tax (no legal market)
Sales Tax
Not applied
Effective Total
N/A — cannabis sales are illegal
South Carolina has no legal cannabis market and therefore no cannabis-specific tax structure. Hemp-derived CBD products are subject to standard state sales tax (6% + local). Multiple medical cannabis bills have been introduced in the General Assembly — S. 150 (the Compassionate Care Act) has received committee attention but has not passed.
Regulatory Body
Key Statutes
South Carolina Controlled Substances Act
S.C. Code § 44-53-370Marijuana is a Schedule I controlled substance. First-offense possession of 1 oz or less is a misdemeanor with up to 30 days in jail and a $200 fine. Subsequent offenses escalate. Possession with intent to distribute carries felony charges.
S. 150 — South Carolina Compassionate Care Act
South Carolina General Assembly (pending)A narrowly written medical cannabis bill introduced by Senator Tom Davis. Would allow physicians to recommend cannabis for specific debilitating conditions. Has advanced through committee multiple times but hasn't passed both chambers. Considered the most likely path to any form of legal cannabis in SC.
For Operators
No market — period
South Carolina has no medical or recreational cannabis program. There's nothing to apply for, no licenses to pursue, and no legal framework for operators. The state is one of the most restrictive remaining holdouts in the Southeast. If you're planning operations in the region, look at Virginia, Maryland, or even Florida's expanding market instead.
Watch S. 150
Senator Tom Davis has been pushing the Compassionate Care Act (S. 150) for years. It's a narrowly constructed medical bill — specific qualifying conditions, no smokable flower, tight supply chain controls. It's advanced further than any cannabis legislation in SC history but keeps stalling in the full Senate or House. If it passes, it would create a very limited medical market — think Utah-style, not Oklahoma-style.
Recreational legalization is not remotely on the table in South Carolina. The political environment is conservative, and even the medical bill faces strong opposition. Anyone positioning for an SC market should plan on a 5-to-10-year timeline at minimum.
For Consumers
Cannabis is illegal here
All cannabis possession is criminal in South Carolina. First offense for 1 ounce or less is a misdemeanor — up to 30 days in jail and a $200 fine. Second offense jumps to up to a year. Anything over 1 ounce triggers potential felony charges with intent to distribute. Concentrates, edibles, and cannabis vape products carry the same penalties.
CBD is the only option
Hemp-derived CBD products containing 0.3% THC or less are legal under federal law and available in retail stores throughout the state. That's the extent of what's legally available. If you're visiting or moving to South Carolina, bring nothing with you — even small amounts from legal states can result in criminal charges at the border.
If you need cannabis for a medical condition, there's no state program to apply to. Some residents travel to Washington, D.C. or neighboring states with medical programs, but transporting cannabis back across state lines is a federal offense regardless of state laws.
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We track South Carolina law changes weekly. Get notified when something moves.