Is Marijuana Legal in South Carolina?

The legal landscape for marijuana in South Carolina remains one of the strictest in the country. As of 2024, marijuana is illegal for both recreational and medical purposes in the state, though there are a few exceptions for certain low-THC, high-CBD medical products. Efforts to establish a regulated medical marijuana program have faced significant opposition, but continued advocacy offers a glimmer of hope.

This article will explore South Carolina’s marijuana laws, the current restrictions, and why obtaining a medical marijuana card, if and when it becomes possible, could be advantageous for South Carolina residents.

South Carolina Marijuana Laws

South Carolina law strictly prohibits both recreational and medical marijuana. Possession of even small amounts of marijuana can lead to serious legal consequences, including fines and potential jail time.

The only exceptions under state law are for products derived from hemp, which must contain less than 0.3% THC per federal guidelines, and specific, doctor-approved CBD oil products with a low THC content. This limited legal access underscores the need for a medical marijuana program that would allow those with qualifying conditions to use marijuana for therapeutic purposes legally.

Recreational Marijuana in South Carolina

South Carolina does not permit recreational marijuana use. The state’s marijuana policies align closely with federal restrictions, leaving no room for leniency toward recreational use or possession. Here are some of the current penalties for marijuana possession in South Carolina:

Possession of under an ounce: Considered a misdemeanor, this offense is punishable by up to 30 days in jail and a fine of $200. Second and subsequent offenses carry more severe penalties, including up to a year in prison and a fine of $1,000.
Possession with intent to distribute: For quantities over an ounce, possession is classified as a felony, carrying penalties of up to five years in prison and a maximum fine of $5,000 for a first offense. Penalties escalate sharply for repeat offenses.

These penalties make South Carolina’s firm stance against marijuana clear, and the absence of recreational legalization means there is no comparison between recreational and medical use, an essential point for understanding the state’s limited options.

An Ongoing Legislative Battle

While South Carolina has made small strides in acknowledging medical marijuana, the state has yet to implement a comprehensive medical program. Under current law, medical marijuana is not legally available. However, there is a provision for low-THC, high-CBD oil (with a THC limit of 0.9%) for individuals suffering from specific, severe seizure disorders.

This allowance stems from Julian’s Law, passed in 2014, which permits limited access to CBD oil for children with severe epilepsy. There are no dispensaries in the state, and individuals must rely on out-of-state sources, complicating legal access and creating uncertainty for patients and their families.

Why South Carolina Residents Need a Medical Marijuana Program

A comprehensive medical marijuana program would offer legal, regulated access for South Carolinians who could benefit from therapeutic marijuana use. Medical marijuana has been shown to assist with various health conditions, including chronic pain, anxiety, PTSD, and cancer-related symptoms. Here’s why South Carolinians should support a robust medical marijuana framework:

Improved Quality of Life: For individuals with chronic or terminal illnesses, medical marijuana can provide significant relief from symptoms like pain, inflammation, and nausea. Allowing legal access to medical marijuana could greatly enhance the quality of life for countless South Carolinians.
Alternative to Prescription Medications: With an opioid crisis affecting many states, medical marijuana offers a non-addictive alternative to traditional pain management medications. In states where medical marijuana is available, it has helped reduce reliance on opioid prescriptions, providing a safer approach to pain relief.
Fewer Legal Risks for Patients: Without a legal pathway to obtain marijuana, some patients may resort to the black market to obtain the products they need, which brings additional legal risks. Establishing a medical marijuana program would give patients a safer, regulated means to access necessary treatments.

Legislative Efforts Toward Legalizing Medical Marijuana

Efforts to legalize medical marijuana in South Carolina have primarily been led by Republican Senator Tom Davis, who introduced the South Carolina Compassionate Care Act in 2020. This bill, which he describes as “the most conservative medical marijuana bill in the country,” was designed to permit medical marijuana use for specific conditions under tight regulations.

Despite strong support and evidence-based presentations, the bill has encountered significant roadblocks in the state legislature. In 2022, the bill was halted due to procedural issues, and in early 2024, it again stalled in the House committee. Davis remains persistent, promising to address every opposition argument, yet the bill has repeatedly been delayed, showcasing the challenges in changing South Carolina’s marijuana laws.

Public opinion on medical marijuana in South Carolina is largely favorable. Polls show that around 83% of South Carolinians support medical marijuana legalization for those with severe or chronic conditions. Despite this widespread support, legislative efforts have faced repeated delays. Some advocates are hopeful that continued public demand could eventually sway policymakers, but others believe federal legalization might occur before any substantial changes happen at the state level.

Legal Alternatives

With limited access to medical marijuana, some South Carolinians have turned to hemp-derived products, such as CBD and delta-8 THC. These products are legal under South Carolina’s hemp laws, which align with the federal Farm Bill. Here’s what residents need to know:

CBD Products: Products derived from hemp with less than 0.3% delta-9 THC are legally available throughout the state and are often used for general wellness, including relief from mild pain, stress, and anxiety.
Delta-8 THC: Delta-8 THC, a minor cannabinoid derived from hemp, provides mild psychoactive effects and is also legal in South Carolina. Delta-8 is not as effective as delta-9 THC (the primary compound in marijuana) for serious medical conditions, limiting its utility for patients with severe symptoms.

While these alternatives are helpful for some, they do not provide the same therapeutic benefits as medical marijuana. A fully regulated medical marijuana program is essential to offer more comprehensive care.

When Could Medical Marijuana Be Available in South Carolina?

The future of medical marijuana legalization in South Carolina is uncertain but hopeful. The South Carolina Compassionate Care Act has laid the groundwork, and with continued legislative efforts, there is potential for future legalization. Many South Carolina residents, as well as lawmakers like Senator Davis, will continue pushing for legal access to medical marijuana.

In the meantime, supporters of medical marijuana are encouraged to voice their support in upcoming elections and engage with local representatives to advocate for a regulated program. For those suffering from chronic conditions or seeking an alternative treatment option, a medical marijuana program could transform healthcare in South Carolina.

Summary

South Carolina remains one of the strictest states for marijuana laws, with no current options for recreational or comprehensive medical marijuana use. While delta-8 THC and low-THC CBD oil offer some legal alternatives, these products are limited in their therapeutic potential, leaving many residents without viable options for treatment.

For South Carolinians, the possibility of medical marijuana offers more than just access, it represents an opportunity for improved health outcomes, reduced dependence on prescription medications, and a safer pathway to obtain treatments. Until changes are made, residents should continue supporting legislative efforts for a medical marijuana program that meets the needs of those in need of alternative treatment options.

Get Ready for Medical Marijuana in South Carolina

Reserve an evaluation online today, and we’ll book an appointment for you with one of our knowledgeable, compassionate doctors just as soon as the state’s medical marijuana market is up and running.

You’ll learn if you qualify for a South Carolina Marijuana Card and how to best treat your conditions with safe, effective medical marijuana. You’ll even save $25 off the cost of your evaluation!

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South Carolina Marijuana Card’s mission is to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

If you have any questions, call us at (833) 781-6670, or simply reserve an appointment to start getting relief you can trust today!

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