Recreational marijuana is not legal in South Carolina. First-time offenders caught in possession of flower marijuana in the amount of 1 oz or less may be charged with a misdemeanor and face incarceration of up to 30 days and a fine of $200. Subsequent instances of possession involving 1 oz or less of flower marijuana will also be considered misdemeanors, but individuals may face more severe punishments of up to 1 year of incarceration and a maximum fine of $2,000. Possession of more than 1 oz of flower marijuana is a felony.
Those found in possession of 10 g or less of THC concentrate could be charged with misdemeanor charges and may face incarceration of up to 30 days and a fine of $200. If one is found in possession of larger amounts of concentrate, the punishment could include up to 5 years imprisonment and a maximum fine of $5,000.
Cultivation is a felony with the following penalty structure:
• Less than 100 plants: Maximum of 5 years imprisonment and a fine of $5,000.
• 100-1,000 plants: Minimum sentence of 25 years in prison and a fine of $25,000.
• 1,000-10,000 plants: Minimum sentence of 25 years in prison and a fine of $50,000.
• More than 10,000 plants: Minimum sentence of 25 years in prison and a fine of $200,000.
The only medicinal use of cannabis allowed in the state includes OTC preparations of hemp-derived CBD that contain less than 0.3% THC, as well as preparations containing 15% CBD and no more than 0.9% THC for which the only qualifying conditions are certain forms of childhood epilepsy. The law authorizing the recommendation of the latter formulation, known as Julian’s Law, allows MDs and DOs who are licensed by the South Carolina Board of Medical Examiners to recommend cannabis for Dravet syndrome, Lennox-Gestaut syndrome, and refractory epilepsy. However, the law did not create a medical cannabis program; it merely allows qualifying individuals and their caretakers to possess preparations containing up to 0.9% THC without fear of prosecution.