South Carolina Update: Medical Marijuana Legislation Remains Active in 2026

South Carolina continues to explore the possibility of a regulated medical marijuana program with the reintroduction of Senate Bill 53, known as the South Carolina Compassionate Care Act. This bill, first prefiled in late 2024 and actively discussed in the 2025–2026 legislative session, would create a statewide framework to license and regulate medical cannabis businesses if adopted by the General Assembly.

Marijuana remains illegal for adult recreational use in South Carolina, while low-THC CBD products are permitted under existing law. In contrast, SB 53 focuses exclusively on creating legal access to marijuana products for therapeutic use, structured around physician certification and regulated distribution.

What the South Carolina Compassionate Care Act Would Do

SB 53 would amend the South Carolina Code of Laws by enacting a new Article 20 in Chapter 53, Title 44, to provide for the sale of marijuana products for therapeutic use and the conditions under which those sales occur.

Under the proposed Act:

• Patients with qualifying conditions, such as cancer, multiple sclerosis, epilepsy, PTSD, sickle cell anemia, ulcerative colitis, autism, and other debilitating medical conditions, would be authorized to use medical marijuana with a certification from a physician.
• The Department of Health and Environmental Control (DHEC) and the Board of Pharmacy would oversee licensing, regulation, and enforcement of medical marijuana establishments.
• The legislation would establish licenses for key business types to support the supply chain, including cultivators, processors, therapeutic marijuana pharmacies, transporters, and testing facilities.
• Application requirements would include financial documentation, criminal background checks, operational and security plans, zoning compliance, and proof of technical expertise for cultivation or processing operations.

This framework would replace South Carolina’s Julian’s Law, which currently allows access only to limited low-THC, high-CBD cannabis products.

Licensing Framework in the Bill

If enacted, SB 53’s proposed market structure would include:

• 15 Cultivator Licenses for the growth and wholesale distribution of medical cannabis.
• 30 Processor Licenses for manufacturing infused products such as edibles and oils.
• 138 Therapeutic Marijuana Pharmacy Licenses for retail sales directly to qualified patients and caregivers.
• 4 Transporter Licenses to move products between licensees.
• 5 Testing Facility Licenses to support compliance and product quality.

State regulations would score applicants on operational readiness, community engagement, residency, business experience, location suitability, safety and security plans, and efforts to provide access to low-income patients.

Legislative Status and 2026 Outlook

SB 53 was introduced in January 2025 and referred to the Senate Committee on Medical Affairs, where it remains pending. Although the bill did not advance in prior sessions, advocates and some lawmakers have kept it alive through reintroduction, reflecting continued interest in establishing medical marijuana access in the Palmetto State.

In addition to medical marijuana reform, some lawmakers are considering how to regulate other related products, such as hemp-derived THC beverages subject to restrictions on THC content and sales venues, but these discussions are separate from the medical framework outlined in SB 53.

What Investors and Operators Should Monitor

For those considering future opportunities in South Carolina, key indicators in 2026 include:

• Movement in Committee: Whether SB 53 receives a hearing or a report out of the Senate Medical Affairs Committee.
• Legislative Support: Statements from key lawmakers and leadership on medical marijuana as a policy priority.
• Regulatory Clarity: Updates on draft regulatory language and scoring criteria from DHEC or other agencies.
• Market Structure Decisions: Any changes to license caps, applicant qualifications, or local zoning considerations that could influence competitive dynamics.

Because South Carolina’s approach remains focused on therapeutic use, stakeholders should be prepared for a strictly regulated medical program initially, with detailed compliance, operational, and community standards.

If you’re evaluating licensing opportunities in South Carolina’s evolving market or want to discuss how emerging policy developments could shape your strategy, contact us at 602-290-9424 or email us for additional information.

The Cannabis Business Advisors specialize in strategic partnerships, connecting investors with qualified operators and vetted opportunities nationwide. Our flexible model allows participation at any level, supported by experienced consultants with deep expertise in cannabis licensing and regulation.

The Cannabis Business Advisors have more than thirty years of combined industry experience, spanning across the U.S. and around the globe. C.B. Advisors offers a comprehensive suite of services, including application and licensing preparation, operational analysis, merger and acquisition support, policy and procedures, exit strategy guidance, and business development planning. Stay up to date on the latest cannabis news with The CB Advisors!

Contact Info@thecannabisbusinessadvisors.com for more information on how to apply for a cannabis business license.