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ToggleWeed laws have relaxed for most U.S. states over the years, but South Carolina marijuana laws remain restrictive.
Residents, medical professionals, and congressmen alike continue to fight for South Carolina weed rights, and they’re not giving up now.
So, when will marijuana be legal in South Carolina? While we can’t say for sure, we can give you some good insight.
History of Cannabis in South Carolina
South Carolina got the cannabis ball rolling when the Senate unanimously passed Julian’s Law in 2014.
This law permits qualified patients diagnosed with severe epilepsy to possess and use CBD products with at least 15% CBD and a maximum of 0.9% THC – under doctor’s orders.
Then in 2020, the South Carolina Legislature introduced the South Carolina Compassionate Care Act, which would allow patients with “debilitating health conditions” to use medical cannabis.
Under this bill, the state would regulate medical cannabis at all stages and require a written certification and treatment plan from a physician to possess and consume it.
The S.C. Compassionate Care Act is revolutionary for the state, bringing cannabis legalization in South Carolina closer to fruition than ever before.
Previous Legislation Attempts
A year after its introduction, the Senate did not pass the South Carolina Compassionate Care Act, as other bills took priority in 2021.
Although the bill gained significant traction in 2022, including a long-awaited debate on the Senate floor, it ultimately failed to pass due to competing legislative priorities and strong opposition from key lawmakers and law enforcement groups.
Senator Tom Davis continues to champion the cause, having spent nearly a decade advocating for a medical cannabis program in the state.
However, recent sessions have shown that, while public support for medical marijuana is growing, the SC legislature remains deeply divided on the issue.
Many are now looking toward the next legislative session for renewed efforts, although it’s unclear whether cannabis legalization will move forward or face the same challenges as before.
So, Is Weed Legal in South Carolina?
Unfortunately, no.
Out of the 38 states that current allow medical marijuana, South Carolina not one of them. The state prohibits the plant in practically all forms.
Currently, recreational marijuana is illegal in the state of South Carolina.
While adult use seems to be out of the question at the moment, the legalization of medical marijuana in the state is seeing significant movement.
When Will Marijuana Be Legal in South Carolina?
That’s a great question. Unfortunately, the state is still hotly debating the issue of legalizing cannabis.
The state’s lawmakers have introduced several bills over the years, with the most recent medical cannabis bill gaining attention in the South Carolina Senate.
Spearheaded by Senator Tom Davis, this legislation aims to legalize medical marijuana for individuals with debilitating medical conditions like multiple sclerosis and post-traumatic stress disorder.
However, despite growing public support and the backing of medical professionals, the medical marijuana bill has faced significant opposition from law enforcement officials and conservative members of the South Carolina Legislature.
Currently, South Carolina does not permit the cultivation or sale of marijuana plants for either medical purposes or recreational use.
However, a statewide advisory referendum on the issue could pave the way for future legalization efforts, as public opinion seems to shift.
Recent surveys show that a majority of South Carolinians now favor the legal consumption of cannabis, particularly for medical use.
Still, the state’s approach to cannabis reform is cautious, with concerns around public safety and the potential for misuse continuing to slow progress.
As the federal law on cannabis remains unchanged, the future of marijuana legalization in the Palmetto State may depend on both state and federal developments.
For now, South Carolinians hoping for a comprehensive medical cannabis program will need to wait for further legislative breakthroughs.
Is Marijuana Decriminalized in South Carolina?
Sadly, no, marijuana is not currently decriminalized in South Carolina, either.
In November of last year, South Carolina Representative Nancy Mace introduced a bill to decriminalize marijuana at the federal level.
But the chair of the South Carolina GOP shut it down, saying that the South Carolina Republican Party is “against any effort to legalize, decriminalize the use of controlled substances.”
South Carolina Marijuana Laws
The justice system in SC could serve serious charges for the simple possession of marijuana, as well as life-altering punishment for more severe offenses.
South Carolina weed laws are extremely strict, with no indication of change on a non-medical level.
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Possession
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1 ounce or less: misdemeanor, a maximum sentence of 30 days imprisonment, a fine of $100 to $200
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Second possession charge of 1 ounce or less: misdemeanor, a maximum sentence of 1-year imprisonment, a maximum fine of $2,000
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Any amount over 1 ounce can be treated as a distribution crime
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Sale or trafficking
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Sale of up to 10 pounds: felony, a maximum sentence of 5 years imprisonment, a maximum fine of $5,000
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Sale of 10 to 100 pounds: felony, 1 to 25 years imprisonment, a $10,000 to $25,000 fine ranging between first and third offense
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Sale of 100+ pounds: felony, at least 25 years imprisonment. a fine between $25,000 and $200,000
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Paraphernalia
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Civil citation, maximum fine of $500
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Growing Marijuana in South Carolina
South Carolina weed laws state that the cultivation of fewer than 100 plants is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
Cultivation of more than 100 plants is a felony punishable by a minimum of 25 in prison and a fine between $25,000 and $200,000.
Since home cultivation of cannabis would still be illegal under the S.C. Compassionate Care Act, growing marijuana in South Carolina won’t be part of upcoming cannabis law changes.
Future of South Carolina Marijuana Laws
Residents in need of medical weed are hopeful they will be receiving relief when it comes to cannabis legalization in South Carolina.
Lawmakers will adjourn in May of this year regarding the South Carolina Compassionate Care Act, but Senator Tom Davis believes both chambers of the legislature might approve the bill before then.
Will marijuana be legal in South Carolina? If the medical cannabis bill passes, South Carolina will be the 38th U.S. state to legalize medical cannabis.
Stay Informed With Elevate Holistics
South Carolina weed laws are changing at a rapid pace, and Elevate Holistics are ready to break down up-and-coming cannabis regulations.
We’ll be here when the big question is answered: is medical marijuana legal in South Carolina? And when that time comes, S.C. residents can come to Elevate Holistics to begin their medical marijuana journey.
Is medical marijuana already legal in your state?
Elevate Holistics will help you get your MMJ card as quickly and easily as possible.
All you have to do is book your appointment using the button below, and you can start experiencing all the benefits of medical weed: from lower prices to higher allotments and so much more.