Is Weed Legal in South Carolina? Laws and Penalties in 2026

Is weed legal in South Carolina in 2026?

Weed is illegal in South Carolina for adults, and no ballot or bill has changed that as of 2026-10-27. The state has no adult-use market and no running medical market. Hemp products are a separate category.

Question	Status as of 2026-10-27	What sets it
Possess marijuana, 28 g or less	Illegal: misdemeanor	S.C. Code 44-53-370(d)(5)
Possess more than 28 g	Illegal: presumed intent to distribute, a felony if proven	S.C. Code 44-53-370(b)(2), (d)(5)
Medical marijuana	No program in operation; a 1980 research law and the federal change are in dispute	S.C. Code 44-53-610 to 660
CBD preparation for severe epilepsy	Allowed through FDA-approved trials, plus a separate exception for physician-certified patients (more than 15% CBD, 0.9% THC or less)	S.C. Code 44-53-110, 44-53-1810 to 1840
Hemp products, 0.3% delta-9 THC or less	Sold under hemp licensing; the H.3924 retail restrictions did not become law	S.C. Code 46-55-10
Hexahydrocannabinol (HHC)	Illegal: Schedule I by state order	DPH order signed 2026-07-28

Status words follow the site’s guide to the terms.

What is the penalty for weed possession in South Carolina?

Possessing 28 grams or less is a misdemeanor with up to 30 days in jail or a $100 to $200 fine for a first offence. The penalties rise with a repeat offence and with weight.

Offence	Penalty in the Code text	Section
28 g (1 oz) or less, first	Up to 30 days, or a $100 to $200 fine	44-53-370(d)(5)
28 g or less, second or later	Up to 1 year, or $200 to $1,000, or both	44-53-370(d)(5)
10 g or less of hashish	Same as the 28 g tier	44-53-370(d)(5)
More than 28 g	Presumed guilty of possession with intent, which a defendant can rebut	44-53-370(d)(5)
Possession with intent, first	Up to 5 years, or up to $5,000, or both	44-53-370(b)(2)
Possession with intent, second	Up to 10 years, or up to $10,000, or both	44-53-370(b)(2)
Possession with intent, third or later	5 to 20 years, or up to $20,000, or both	44-53-370(b)(2)
Trafficking, 10 to under 100 lb, first	1 to 10 years, no suspension, $10,000 fine	44-53-370(e)(1)

Here is the 28-gram line in numbers. An eighth is 3.5 g, so 8 × 3.5 = 28 g. Nine eighths is 31.5 g, which is 3.5 g over the line. The Code text says more than 28 grams is “prima facie guilty” of the intent offence. That is a rebuttable inference, not an automatic felony. Simple possession above that weight can still be charged as a misdemeanor under subsection (d)(2), and possession with intent can be a felony at any weight, so the 28-gram line shifts the odds of the felony charge rather than fixing it.

Can a first offence be dismissed in South Carolina?

A first-time defendant may get a conditional discharge, which can end in dismissal and expungement. Section 44-53-450 requires no earlier drug or marijuana conviction. It needs the court’s consent and, for lower courts, the solicitor’s approval under section 44-53-370(d)(5).

The discharge has a fee: $350 in general sessions court or $150 in summary court, unless the court finds the person indigent. Charges for 28 grams or less may also qualify for pretrial intervention under sections 17-22-10 to 17-22-160.

Is weed decriminalized in South Carolina?

Weed is not decriminalised in South Carolina, because possession stays a criminal offence. The Code makes 28 grams or less a misdemeanor that can carry jail.

The first-offence fine is a light $100 to $200, but it is still a conviction unless a discharge is granted. Compare North Carolina: G.S. 90-95(d)(4) makes half an ounce or less a Class 3 misdemeanor and says any jail sentence must be suspended. Both states are illegal, but the thresholds differ. For how the terms differ, see decriminalized vs legal.

Is medical weed legal in SC?

Medical marijuana is not available through a working program in South Carolina as of 2026-10-27. The 2025 Compassionate Care Act, S.53, has had no action since it was referred to committee on January 14, 2025.

Date	Event	Source
1980	Controlled Substances Therapeutic Research Act: the health director “shall obtain marijuana” for certified cancer chemotherapy, radiology and glaucoma patients	S.C. Code 44-53-610 to 660
2014-06-02	CBD law (Act 221): a preparation of at least 98% CBD and 0.90% THC or less, for refractory epilepsy, through FDA-approved trials	S.C. Code 44-53-1810
2025-01-14	S.53 introduced and sent to Senate Medical Affairs; no later action in the bill history	S.C. Legislature
2026-04-28	Federal Schedule III rule takes effect	Federal Register
2026-04-30	The Department of Public Health (DPH) says it is “assessing the impacts”	Post and Courier
2026-10-23	DPH’s list of scheduling orders shows no marijuana order since the federal rule	DPH

Sen. Tom Davis, the bill’s sponsor, has said the federal change triggered the 1980 law. The Charleston City Paper reported on May 1, 2026 that state agencies had not confirmed this and that lawsuits were expected. DPH has published no program page, rule or patient application, so no one holds a state-recognised route to medical marijuana today.

Did the federal Schedule III change make medical marijuana legal in South Carolina?

The federal change does not make marijuana legal under South Carolina law. The Drug Enforcement Administration rule covers FDA-approved products and “marijuana subject to a state medical marijuana license”, and it was effective April 28, 2026.

South Carolina issues no such licence. The same rule says any other marijuana “remains a schedule I controlled substance”. The governor’s office said section 44-53-160(C) “will require the State to mirror the new federal order”, per the Post and Courier on April 25, 2026. Mirroring a federal schedule does not itself authorise possession. Our explainer on Schedule III covers what the rule changed and what it left alone.

Is THCA legal in South Carolina?

Hemp products, including those with THCA, are sold in South Carolina, and the proposed retail restrictions did not become law as of 2026-10-27. The state hemp chapter measures delta-9 THC at 0.3% or less on a dry weight basis, and hemp licensing rules still apply. Raw plant material is not a hemp product under the chapter, and retail availability does not make a given THCA product legal.

The Legislature considered limits. H.3924 would have set a 0.4 mg total THC cap per container. The House passed it 102 to 2 in April 2025. The Senate amended it, and the House rejected the conference report 28 to 69 on June 25, 2026. The Current GA reported that no state age limit applies to these products as a result.

Federal law is the next change. The dates are below, and our hemp ban date guide explains them by product. For the chemistry, see THCA vs THC, and for the wider picture, is THCA legal.

Date	Event	Type
2026-07-28	DPH places hexahydrocannabinol (HHC) in Schedule I	Enacted state order
2026-11-12	Federal hemp excludes cannabinoids that a cannabis plant cannot naturally produce	Enacted federal law
2026-12-11	Federal total-THC definition counts THCA; final products over 0.4 mg combined total per container are excluded	Enacted federal law

The December 11 date comes from Public Law 119-103, signed September 2, 2026. The definition is in 7 U.S.C. 1639o. South Carolina’s own definition does not yet count THCA, so a product can pass the state test and fail the federal one after that date.

What do visitors from North Carolina and Georgia need to know?

Visitors from North Carolina and Georgia are bound by South Carolina law the moment they cross the line. A medical card or local policy at home does not carry over.

• Medical cards. An out-of-state medical marijuana card does not authorize marijuana possession in South Carolina. The possession offence excepts only substances obtained from, or under a valid prescription or order of, a practitioner.
• Amounts. North Carolina’s lowest tier covers half an ounce or less. South Carolina’s misdemeanor band runs to 28 grams, and above it the intent presumption applies. Our North Carolina guide covers the home side.
• Hemp. Hemp bought at home is not a defence. Keep the original package and lab report.
• Bringing it in. The Code lists those who “bring into this State” among the trafficking offences, which start at 10 pounds.

Coming from Georgia, see is weed legal in Georgia. For travel by air, see our guide to flying with weed.

If you are charged, hire a South Carolina defence lawyer before the first hearing: the discharge and pretrial intervention routes above depend on early decisions. This page updates when the federal hemp dates pass on November 12 and December 11, 2026.