Is Marijuana Legal in South Carolina? 2026 Laws & Update

Last updated June 2026. Marijuana is not legal in South Carolina in 2026 — neither for adult recreational use nor through an operational medical program. The one active path to change that is the South Carolina Compassionate Care Act (Senate Bill 53), a medical-cannabis bill that would license and regulate a therapeutic marijuana market if the General Assembly passes it. Here is where the law stands today and what it means for operators and investors watching the Palmetto State.

Is Marijuana Legal in South Carolina? (Quick Answer)

• Recreational marijuana: Illegal. No legalization bill is advancing.
• Medical marijuana: Not yet legal. There is no operational medical program; SB 53 (the Compassionate Care Act) would create one but remains pending in committee.
• CBD / hemp: Legal when derived from hemp with no more than 0.3% delta-9 THC (consistent with the 2018 Farm Bill and SC law).
• Julian’s Law (low-THC): A narrow exception allowing high-CBD / low-THC products (more than 15% CBD and no more than 0.9% THC) for patients with severe, intractable epilepsy.

Marijuana Possession Penalties in South Carolina

South Carolina has not decriminalized marijuana, and possession is still actively prosecuted:

• First offense (1 oz or less): Misdemeanor — up to 30 days in jail and a $100–$200 fine.
• Subsequent offenses: Up to 1 year in jail and a $200–$1,000 fine.

A decriminalization measure (H.3804, sponsored by Rep. Chris Hart) would have reduced penalties for possession of up to one ounce, but it did not receive a hearing in the 2025–2026 session.

What the South Carolina Compassionate Care Act (SB 53) Would Do

Sponsored by Senator Tom Davis — the Compassionate Care Act’s longtime champion, who has carried versions of the bill across multiple sessions — SB 53 would amend the South Carolina Code of Laws by enacting a new Article 20 in Chapter 53, Title 44, to authorize the sale of marijuana products for therapeutic use under tightly controlled conditions.

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 — could use medical marijuana with a physician’s certification.
• The bill does not permit smoking marijuana or the sale of raw flower/leaf, and it creates no cannabis-specific taxes.
• The Department of Health and Environmental Control (DHEC) and the Board of Pharmacy would oversee licensing, regulation, and enforcement.
• Products would be dispensed through licensed “therapeutic marijuana pharmacies” rather than conventional dispensaries.
• Applicants would have to provide financial documentation, criminal background checks, operational and security plans, zoning compliance, and proof of technical expertise.

This framework would expand well beyond South Carolina’s current Julian’s Law, which only allows limited low-THC, high-CBD products.

Proposed Licensing Framework

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

• 15 Cultivation Center Licenses — growing and wholesale distribution of medical cannabis.
• 30 Processing Facility Licenses — manufacturing infused products such as edibles and oils.
• Therapeutic Marijuana Pharmacy Licenses — capped at no more than three per county (an estimated ~65 statewide, subject to Board of Pharmacy approval), for retail sales to qualified patients and caregivers.
• 4 Transporter Licenses — moving products between licensees.
• 5 Independent Testing Laboratory Licenses — compliance and product-quality testing.

Regulators would score applicants on operational readiness, community engagement, residency, business experience, location suitability, safety and security plans, and access for low-income patients.

Legislative Status and 2026 Outlook

SB 53 was prefiled in December 2024, introduced on January 14, 2025, and referred to the Senate Committee on Medical Affairs, where it remains pending. In earlier sessions the full Senate passed a version of the Compassionate Care Act twice, but each time the bill stalled in the House without a floor vote. As of mid-2026 the bill has not advanced out of committee in the current session.

Momentum signals worth tracking: Republican Governor Henry McMaster has said supporters of medical cannabis have a “compelling” case, public support continues to rise, and federal rescheduling has renewed attention on a 2027 reintroduction if 2026 closes without action.

What Investors and Operators Should Monitor

• Movement in committee: whether SB 53 gets a hearing or is reported out of Senate Medical Affairs.
• Legislative support: statements from House leadership, the swing chamber where the bill has died before.
• Regulatory clarity: draft regulatory language and scoring criteria from DHEC or the Board of Pharmacy.
• Market structure: any change to license caps, applicant qualifications, or local zoning that would reshape competitive dynamics.

Because South Carolina’s approach is strictly therapeutic, expect a tightly regulated medical program at launch, with demanding compliance, operational, and community standards.

Frequently Asked Questions

Is recreational marijuana legal in South Carolina?
No. Adult-use (recreational) marijuana is illegal in South Carolina, and no legalization bill is currently advancing.

Is medical marijuana legal in South Carolina?
Not yet. South Carolina has no operational medical-cannabis program. The Compassionate Care Act (SB 53) would create one, but it remains pending in the legislature.

Is CBD legal in South Carolina?
Yes. Hemp-derived CBD with no more than 0.3% delta-9 THC is legal to sell and possess. A separate low-THC exception (Julian’s Law) covers severe epilepsy.

When could South Carolina pass medical marijuana?
The earliest realistic window is the current 2026 session if the House acts; otherwise advocates expect a 2027 reintroduction. Nothing is guaranteed.

How many cannabis business licenses would South Carolina issue?
Under SB 53 as written: 15 cultivation centers, 30 processing facilities, 4 transporters, and 5 testing laboratories, plus therapeutic marijuana pharmacies capped at three per county (an estimated ~65 statewide).

If you’re evaluating licensing opportunities in South Carolina’s evolving market — or want a head start on application readiness before a program goes live — contact The Cannabis Business Advisors 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.