Is Marijuana Legal in South Carolina?

This article will explain whether pot is legal for medical or recreational use in South Carolina, and whether we will cover other substances related to CBD oil and hemp, as such substances are legal in our state.

Before we get started, let’s clarify the term “legalization”, which refers to the abolishment or loosening of laws that criminalize the distribution, manufacture, and possession of marijuana, ultimately wiping out nearly all prohibitions and regulating its taxing. Without this, we would quickly get into a huge discussion about “decriminalization”, which is generally the idea of making it less criminal to get caught with pot.Output: Before we begin, let’s define the term “legalization”, which pertains to the elimination or relaxation of laws that make the distribution, production, and possession of marijuana illegal, effectively eradicating most restrictions and implementing regulations for taxation. Without this, we would promptly engage in an extensive conversation concerning “decriminalization”, which commonly refers to the notion of reducing the severity of penalties for being caught with cannabis.

The short answer to this question is “No.” However, there have been some recent developments that suggest that it could be someday.

The proposed law in South Carolina, called the Compassionate Care Act – Medical Marijuana, would allow certain people or caregivers with a diagnosed medical condition, including Parkinson’s, PTSD, Hepatitis C, AIDS, HIV, glaucoma, and cancer, to qualify if they experience severe seizures, debilitating nausea, or debilitating pain. If passed, this law would allow caregivers and certain individuals to possess up to two ounces of marijuana, which can include conditions that cause severe medical debilitation. However, this law has not yet been passed in South Carolina.

In 2019, the Compassionate Care Act will be voted on again. If passed, it will regulate how medical cardholders obtain marijuana, as well as monitor attorneys who are knowledgeable about the Act. Additionally, the Act includes provisions that restrict licensed dispensaries from selling or giving marijuana to individuals who do not hold a medical card. Furthermore, individuals under the influence of marijuana cannot drive a vehicle and must act responsibly to maintain custody of their children. There will still be limitations on what one can do under the influence of marijuana.

While it may be true that some citizens, judges, and police in South Carolina should still be aware of the possible consequences of selling or using marijuana, it seems that there is a belief held by some law enforcement officers, judges, and court family officers that the general public and judges in particular should care less about recreational marijuana in South Carolina than they used to in days gone by.

Punishments for marijuana offenses can be administered in the following manner:

  • Having a small quantity (28 grams or less) for the initial occasion can lead to either a 30-day imprisonment or a monetary penalty.
  • Possession of cannabis paraphernalia: monetary penalty.
  • Possession With Intent to Distribute (PWID), first offense: a maximum of 5 years in prison and/or a maximum of a $5,000 fine.
  • Possession of Cannabis, first offense: can lead to a maximum of 5 years imprisonment and/or a maximum fine of $5,000.
  • Production of Cannabis, first offense: can result in a maximum of 5 years imprisonment and/or a fine of up to $5,000.
  • Trafficking (over ten pounds but under 100 pounds), first offense: one to ten years.
  • The mandatory sentence includes a term of 25 years in prison and a fine of $25,000 for engaging in trafficking, specifically involving a quantity of more than 100 pounds but less than 2,000 pounds, or between 100 and 1,000 plants regardless of their weight.
  • Trafficking (over 2,000 pounds but under 10,000 pounds, or ranging from 1,000 to 10,000 plants) carries a compulsory sentence of 25 years and a $50,000 fine.
  • Trafficking (over 10,000 pounds or 10,000 plants): within the age range of 25 to 30 years and a monetary penalty of $200,000.
  • Is Delta-8 Legal in South Carolina?

    The Attorney General of South Carolina, the chief law enforcement officer in our state, issued an opinion in October 2021 stating that delta-8 is illegal. However, many people assume that delta-8 products are legal, so if you go into many smoke shops or gas stations in South Carolina, you will likely see products for sale, such as delta-8 vape liquids and edibles. The short answer is no.

    The Hemp Farming Act creates such a specific exception in certain circumstances for hemp containing up to a specific level of one specific isomer – that is, delta-9 THC. S.C. Code Ann. § 46-55-10 et seq. (Supp. 2020). It does not create an express exception for delta-8 THC, or any other THC isomer. See Id. Lawful hemp as contemplated by the Hemp Farming Act may contain trace amounts of THC isomers, such as delta-8. See Aycock v. State, 246 S.E.2d 489 (Ga. Ct. App. 1978). However, this legislative scheme cannot fairly be read to legalize delta-8 THC or any other isomer of THC in itself.

    We are unaware of any arrests regarding the possession or sale of delta-8 products. However, if you are arrested for possessing delta-8, prosecutors may rely on the Attorney General’s opinion, as it is not a law.

    Can CBD Oil be legally used in South Carolina?

    CBD does not possess psychoactive effects, whereas THC is known to have psychoactive properties (which can induce a “high”). However, for the purpose of this article, the main distinction lies in their effects. It is worth noting that both CBD and THC have been found to have medicinal properties, as suggested by a growing body of research. From a molecular perspective, CBD and THC share striking similarities.

    The product does not contain illegal levels of THC, and purchasers should do their homework about the manufacturer and retailer to ensure they are getting what they think they are getting before purchasing. However, it should be noted that CBD is not yet well-regulated, and both federal law and South Carolina law consider it legal. CBD generally comes in the form of smokable oil derived from hemp.

    Is Hemp Legal in South Carolina?

    Hemp is defined as a substance in South Carolina that does not contain more than 0.3 percent of delta-9 THC concentration on a dry weight basis, while other words can have higher levels of THC. Hemp is used in various applications, including the production of bio-fuel, bio-degradable plastic, paper, lotions, and clothing.

    Hemp cultivation is now completely legal in South Carolina. The ability to grow hemp in South Carolina with no limitations on the number of acres was repealed in 2019. However, in 2019 and 2020, the program set a limit of 40 licensees with each licensee being allowed to cultivate up to 40 acres of hemp. In addition, the Farming Hemp Act, also known as the Industrial Hemp Program, was implemented in our state in 2018, granting licenses to applicants where they could cultivate up to 20 acres of hemp.