← Cannabis & Delta-8 Legality Map South Carolina
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South Carolina Cannabis & Delta-8 Laws 2026 — Is Cannabis & Delta-8 Legal in South Carolina?

Illegal Updated 2026-05-24
⚠️
Quick Answer
Illegal
South Carolina maintains full cannabis prohibition with no comprehensive medical program. The state's Compassionate Care Act has been introduced repeatedly but failed to pass, most recently in 2022 when it died in a procedural maneuver. Delta-8 THC occupies a contested legal status — the South Carolina Attorney General issued an opinion in 2021 declaring delta-8 illegal, but enforcement has been inconsistent and products remain available.
Status
Illegal
Restrictions
{'delta8_status': 'Contested/de facto illegal. In October 2021, the South Carolina Attorney General issued an opinion stating that delta-8 THC is a Sc
Prohibited Locations
All cannabis possession is prohibited everywhere in the state. Hemp-derived products face contested enforcement.
Last Updated
2026-05-24
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📖 Statute Reference

S.C. Code Ann. § 44-53-370 (penalties); S.C. Code Ann. § 44-53-190 (scheduling); S.C. Code Ann. § 46-55-10 et seq. (hemp)

🚨 Penalties for Violations

First offense possession under 1 oz: misdemeanor (up to 30 days, $200). Second+: misdemeanor (up to 1 year, $1,000). Possession over 1 oz: felony (up to 5 years). Sale is a felony.

📄 Exceptions & Special Cases

CBD oil with at least 15% CBD and no more than 0.9% THC is legal for severe epilepsy (Julian's Law, 2014). No retail source exists. South Carolina Hemp Farming Act (2019) authorized hemp production but did not address intoxicating cannabinoids.

🔄 Recent Changes

2024: Medical cannabis bill (Compassionate Care Act) reintroduced in Senate but died in committee. 2025: New medical cannabis legislation introduced; delta-8 enforcement actions continued in some jurisdictions.

🔍 Expanded Analysis: South Carolina Cannabis & Delta-8 Laws

What this means for residents and visitors: An in-depth review of Cannabis & Delta-8 laws in South Carolina finds that the substance is classified as 'Illegal' under current state and federal statutes. South Carolina maintains full cannabis prohibition with no comprehensive medical program. The state's Compassionate Care Act has been introduced repeatedly but failed to pass, most recently in 2022 wh Individuals planning to possess, purchase, or distribute Cannabis & Delta-8 in South Carolina should be aware that {'delta8_status': 'Contested/de facto illegal. In October 2021, the South Carolina Attorney General issued an opinion stating that delta-8 THC is a Schedule I controlled substance under state law and . We recommend consulting a qualified local attorney before relying on any legal status summary.

Related restrictions: {'delta8_status': 'Contested/de facto illegal. In October 2021, the South Carolina Attorney General issued an opinion stating that delta-8 THC is a Schedule I controlled substance under state law and farm bill hemp provisions do not legalize it. Law enforcement has conducted raids on delta-8 retailers in some jurisdictions. Despite this, delta-8 products remain available at many smoke shops and hemp retailers, with enforcement varying significantly by county.', 'thca_status': "Contested. The AG's 2021 opinion suggests all THC isomers are controlled. THCa flower availability varies by jurisdiction.", 'possession_limits': 'No legal possession threshold for cannabis. Any amount is criminal. Limited CBD oil for severe epilepsy only. Delta-8 legal status contested per AG opinion.'}

🔗 Official Resources

Source: https://agriculture.sc.gov/divisions/consumer-protection/hemp-farming/

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Frequently Asked Questions

Is cannabis legal in South Carolina?
Cannabis is illegal in South Carolina. South Carolina maintains full cannabis prohibition with no comprehensive medical program. The state's Compassionate Care
Is delta-8 THC legal in South Carolina?
Delta-8 status differs from cannabis in this state.
What are the penalties for cannabis possession in South Carolina?
First offense possession under 1 oz: misdemeanor (up to 30 days, $200). Second+: misdemeanor (up to 1 year, $1,000). Pos

Listed Attorneys (1) in South Carolina

Nelson Mullins Riley & Scarborough LLP
Columbia

Advises cannabis and hemp businesses on regulatory compliance, licensing, FDA matters, corporate transactions, and intellectual property across the Southeast.

Phone: (803) 255-9000
Website: https://www.nelsonmullins.com
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