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Whether you’re a resident of South Carolina or simply planning on making a visit there, one of the biggest questions that many people often find themselves asking is whether or not marijuana is legal in South Carolina.
After all, there are plenty of other state’s that are relaxing their laws.
This is where we come in to lend you a helping hand!
In order to make sure that you are fully aware of what the current (and future) laws are surrounding marijuana use in South Carolina, we are going to be taking a deep dive look into whether weed can be used both recreationally and medically below.
Is Weed Legal In South Carolina?
At the time of writing this guide, weed is not currently legal in South Carolina. This means that it is currently unlawful to have possession of weed and all other types of marijuana products.
However, even though it is currently illegal to use marijuana products or smoke weed in South Carolina, there has been discussion about the possibility of legalizing recreational use someday.
As well as this, you might also be interested to learn that there was recently a bill approved (February, 2023) that will allow the use of medical marijuana in the state to be totally legal.
This bill was introduced by Senator Tom Davis and more information about this can be found by tapping here.
Is Weed Legal In South Carolina With A Medical Card?
At the time of writing this guide, medical cannabis is not currently legalized in South Carolina with a medical card.
However, as we have mentioned in the above section, there has recently been a bill passed that allows for the legal use of medicinal weed in South Carolina.
While this bill is still in the motions of being officially finalized, this bill will now mean that minors, children and adults with debilitating health conditions will be allowed to register for a medical card.
After they have registered for this bill and then been approved, this medical card will then grant them the ability to possess and use marijuana legally in South Carolina.
However, despite the fact that marijuana products will be legal for those with a medical card to use, there will still be certain restrictions surrounding how the marijuana can be obtained, as well as where the marijuana can be used.
For example, it will be a requirement for medical card holders to obtain their marijuana and other THC products from their doctor on a prescription.
It will be unlawful to obtain marijuana through any other methods.
Keep in mind that, despite the fact that there has recently been a bill passed that will allow for marijuana to be used for medicinal purposes – there are still currently no plans to legalize weed in South Carolina for recreational purposes.
So, with that being said, if you are caught with weed in South Carolina without the appropriate medical card, you will then be given a misdemeanor by law enforcement, which brings us to our next section.
What Happens If You Get Caught With Weed In South Carolina?
As we have already mentioned in the above section, it is currently illegal to smoke or be in possession of weed.
That being said, if you are caught in possession of marijuana while in South Carolina, then this will be classed as a misdemeanor, which is just below a felony.
After you have been charged with a misdemeanor, you will then be required to typically pay a fine as well as spend anywhere from 30 days up to 6 months in a South Carolina jail.
Alternatively, in some instances the court rules that you only pay a fine or spend a certain amount of time in jail – it greatly depends on the severity of the misdemeanor.
In some severe cases, a felony may be charged which could result in anywhere from 1 year upwards of a life sentence in prison. The main felonies that would call for this type of punishment would include some of the following:
- Selling weed and other marijuana products.
- Being in possession of high quantities of marijuana with intent to sell.
- Transporting weed and other marijuana products throughout South Carolina.
As a side note, you should also note that there are some instances where jail time can be swapped out for attendance of a drug diversion program or a course of a similar nature.
However, just like we’ve already mentioned above, the consequences of getting a marijuana misdemeanor or even a felony will greatly depend on the court’s discretion.
Is CBD Legal In South Carolina?
Yes, CBD is legal in the state of South Carolina. As well as this, it is also important to note that the possession and use of CBD is also legal under federal law in general.
However, in order for CBD to be legal, it is imperative that the CBD does not contain any THC – which is the psychoactive ingredient in marijuana.
With this being said, you will be able to use any type of CBD product such as CBD gummy bears, skincare products as well as other CBD products on the market right now.
However, as we have mentioned above, you’ll need to make sure that the CBD products that you are planning on using while in South Carolina do not contain any THC – as this is the component that makes it illegal.
You’ve made it to the end of the guide!
After taking the time to read through our guide above, we are hoping that we have been able to give you a better understanding of what the current laws are in South Carolina regarding marijuana use, as well as some of the changes that might possibly happen in the future.
Thank you for taking the time to read through this guide, and goodbye for now.
Learn more about weed laws in the Southeast and legal status of cannabis in neighboring states.
I’m an avid gardener and cannabis enthusiast. You can usually find me in my garden caring for my plants or at my computer crafting helpful blogs for my readers.