South Carolina and Cannabis. What You should know

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Trusted by More than 70,000 plus Happy Patients and Counting

Elevate Holistics has served thousands of patients, and is innovating to provide doctors & patients a better medical marijuana evaluation experience. Check out how we have helped these people:

Trusted by More than 70,000 plus Happy Patients and Counting

Elevate Holistics has served thousands of patients, and is innovating to provide doctors & patients a better medical marijuana evaluation experience. Check out how we have helped these people:

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Medical Marijuana in South Carolina

Ah, South Carolina, the Palmetto State. SC has a long history in the US, but it has been a particularly rocky one when it comes to cannabis. In case you’re planning on visiting or even moving to SC any time soon, you’ve probably got one question on your mind: is marijuana legal in South Carolina? Can you even get a medical card in South Carolina?

Don’t worry: if you’ve got questions about getting a medical card in South Carolina or just SC cannabis as a whole, we’ve got the answers. Here’s what you need to know about medical marijuana in South Carolina. 

Is Medical Marijuana Legal in South Carolina?

Unfortunately, no, medical marijuana is not legal in South Carolina. Technically, doctors are allowed to prescribe CBD products with up to 0.9% THC to those with severe epilepsy, but that is about the extent of MMJ in SC.

There have been multiple attempts to legalize medical cannabis in South Carolina, but the state government has rejected each bill that comes to the table. Thus, the Palmetto State is one of the few places left in the US that has yet to curate a comprehensive medical marijuana program.

Is Recreational Weed Legal in South Carolina?

NoNeither recreational cannabis nor medical cannabis is legal in South Carolina. Cannabis isn’t even decriminalized in SC, unfortunately. As we mentioned, the state has quite strict regulations regarding cannabis.

 

If you possess one ounce or less of cannabis and law enforcement catches you, the state considers this a misdemeanor. The state may punish you with up to a month in jail and a $200 fine for your first offense. If this happens again, your punishment will likely be worse.

SC Marijuana Laws

South Carolina only has Julian’s Law (S 1035) in place regarding marijuana laws. Julian’s Law states that those with severe epilepsy may be prescribed CBD products with no more than 0.9% THC and at least 15% CBD. Going through this process is the only way you can get a medical card in South Carolina.

 

If you have a different medical condition, you do not qualify and you cannot get your hands on CBD products with these THC levels.

Of course, it’s important to note that South Carolina does abide by most of the 2018 Farm Bill regulations. This means that the state permits hemp and hemp-derived CBD that contains no more than 0.3% THC. So, you can still get CBD in South Carolina without a medical card; it just won’t contain as much THC as if you had one.

 

However, you should note that smokable and raw hemp is illegal in South Carolina. 

Compassionate Care Act SC

The South Carolina Compassionate Care Act was first unveiled — and shot down — back in 2020. Since then, legislators have put in serious effect to amend the Act, bringing it back to the SC Senate in 2022.

The SC Compassionate Care Act outlined a comprehensive medical cannabis program for the state, allowing those with various medical conditions to obtain a medical card in South Carolina. Right now, the bill states the following for qualifying medical conditions: 

Cancer Neurological diseases or disorders including epilepsy Sickle cell anemia PTSD Autism Crohn’s Disease Ulcerative colitis Cachexia Any condition causing someone to be homebound, including severe nausea Terminal illnesses Any condition causing severe or persistent muscle spasms

However, even if this bill passed, the act of smoking cannabis would still be illegal in SC, as would dried cannabis flower. The state would also prohibit at-home cultivation.

Sadly, the SC House of Representatives deemed the bill unconstitutional, and the legislators will have to go back to square one regarding South Carolina medical cannabis. 

How to Get a Medical Marijuana Card in South Carolina

If you’re wondering how to get a medical marijuanas card in SC, it’s important to remember what Julian’s Law states. You can only obtain a medical card in South Carolina if a doctor has diagnosed you with severe epilepsy.

If you have epilepsy, Lennox Gastaut Syndrome, or Dravet Syndrome, you need to meet with a qualified, licensed doctor in SC to discuss your interest in CBD. After this, your physician will help you get started with registering in SC and getting your hands on low-THC products.

Can You Grow Medical Marijuana in South Carolina?

Unfortunately, you cannot grow medical marijuana in South Carolina. In fact, you cannot grow cannabis at all in SC unless you want to get in trouble with the law.

Whether you’re growing one or 99 cannabis plants in SC, the state will fine you up to $5,000 and send you to prison for a maximum of five years. Of course, more plants than that, and you’re left with a bigger fine and even longer jail time.

If the state decides to legalize medical cannabis, they likely will not legalize at-home cultivation, either. The past bills that legislators have presented regarding MMJ all state that cultivation will not be allowed.

South Carolina Dispensary

Right now, you’re not going to find any dispensaries in South Carolina — but that’s because weed’s not legal!

Don’t be fooled, though: you’re going to see plenty of shops advertising as “dispensaries” and even “medical shops.” However, these are simply smoke shops that sell CBD products, as well as delta 8 THC. But, they cannot sell you anything non-hemp-derived or that has more than 0.3% THC.

Most frequently MMJ asked questions

  • Is medical marijuana legal in South Carolina?

    South Carolina is one of the dwindling number of states in the country that does not have medical marijuana. South Carolina may change this later in 2022, but it might still be several years before the state finally enacts some type of program for medical cannabis.

    Many other states have had a substantial amount of success with their medical marijuana initiatives over the years. It has been shown to be a workable solution, and it will hopefully not be too long before the South Carolina Marijuana laws start to change.

  • What Type of Delta-8 is Legal in South Carolina?

    Delta-8 is a cannabinoid found in both marijuana and hemp. It is a popular option because it is easy to get, and it is considered safe. Users have said that it helped to calm nausea, increase appetite, help with pain relief, and prevent instances of vomiting when going through cancer treatments.

    Delta-8 is legal at state and federal levels, which means you can buy Delta-8 online and through a range of licensed shops that are operating in South Carolina. There are many different types of products made using Delta-8. These include distillates, vapes, and gummies.

    However, these products are only legal in South Carolina when they have been made from hemp plants and when they have no more than 0.3% THC in them. If the Delta-8 is not made from hemp and is made from marijuana, and it has a higher THC level, it is not allowed. It would be considered a controlled substance at both the state and federal levels.

    If you are traveling, you can bring Delta-8 to South Carolina without any worry. Delta-8 THC is legal in South Carolina. Again, though, you need to be sure it is hemp-derived and has below the max THC levels.

  • What Are the Marijuana Laws in South Carolina?

    Despite being legal in so many states, the South Carolina marijuana laws are still quite strict. Even for simple possession, it can carry some serious penalties.

    If you are charged with possession, it will be a misdemeanor. For having one ounce or less on you, there will be a fine that’s between $100 and $200, and a potential jail stay of up to 30 days.

    For a second possession charge of an ounce or less, it’s still considered a misdemeanor, but the penalties are a lot more severe. It could have a fine of up to $2,000 and up to a year of imprisonment.

    If you have any amount over one ounce, it could be treated as a distribution crime. This is where things start to get a lot more serious, as you will see in the next section.

    Those who are caught with paraphernalia will receive a civil citation. The max fine for this will be $500.

  • Is Marijuana Possession a Felony in South Carolina?

    You aren’t going to get charged with a felony for simple possession. Those will be misdemeanors, as mentioned above. However, when you have more than an ounce of marijuana on you in South Carolina, you could be charged with sale or trafficking.

    This is true even if it was for your own use. These have the potential to be serious penalties. However, in a lot of cases, no one would have the need for this much weed.

    If you have anything from a little more than an ounce to 10 lbs., you could be charged with a felony, which has a maximum of five years in prison and a maximum fine of $5,000.

    Transactions from 10 to 100 lbs. are also a felony, albeit much more serious. This could include between one and 25 years in prison and a fine of between $10,000 and $25,000 depending on the number of offenses.

    Those who have 100 lbs. or more will face at least 25 years in prison and a fine between $25,000 and $200,000.

  • How to Obtain a Medical Marijuana License in South Carolina?

    Simply put, this is not something that you can get because medical marijuana is not legal in the state. You won’t be getting a medical card or cannabis license in South Carolina.

    You might be able to get approved for clinical-grade CBD, which has less than 0.90% THC potency. However, there are only a handful of conditions that could qualify for this CBD. These include Lennox-Gastaut Syndrome, Dravet Syndrome, or another type of severe epilepsyCBD gummies in South Carolina could help with this.

  • Is It Legal to Grow Marijuana in South Carolina?

    As much as some people may wish they could grow their own marijuana for medical purposes in South Carolina, it can’t happen. Growing marijuana plants can cause some serious legal issues for you.

    The laws state that if you have fewer than 100 plants, it is considered a felony. You could conceivably be charged with a felony for having just a single plant. The maximum sentence is five years in prison with a maximum fine of $5,000.

    If you have more than 100 plants, it is also a felony, of course. This will likely mean at least 25 years in prison. The fine could range from $25,000 to $200,000.

    Even if something like the proposed Compassionate Care Act for South Carolina medical marijuana were to go through and become law, it would still be considered illegal.

    The best course of action will be to err on the side of caution and safety. Don’t make the mistake of trying to grow weed. It’s not worth the penalties you could face.

  • Where Can You Buy Marijuana in South Carolina?

    It’s not just private citizens that can’t grow. No one in the state is allowed to grow or sell, which is why you won’t find a single South Carolina dispensary. You won’t be able to buy online or offline, at least not legally.

    Remember that marijuana is not decriminalized in South Carolina, so being caught with even a small amount of weed can mean big problems for you. It doesn’t matter whether you were using it for medicinal purposes or not.

    Since there is not an option for a weed dispensary in SC, those who feel it is vital for their health and wellbeing might want to move to a state where medical marijuana is already legal. It’s not the easiest or cheapest solution, but it could be the best.

  • Can You Buy Delta-9 in South Carolina?

    Is Delta-9 legal in SC? Currently, it is legal due to the 2018 Farm Bill. This federally legalized cannabinoids and products derived from hemp. It allows legislators to pass a range of hemp laws in different states. Currently, all derivatives, extracts, cannabinoids, and isomers derived from hemp are legal in the state.

    Typically, Delta-9 is associated with marijuana plants because it has THC. However, it can be found in hemp, as well. It has the potential to provide users with a wide range of different types of effects including euphoria, increased motivation, calmness, and relaxation, for example.

    However, while this can be helpful, you have to understand that it’s not the same as medical marijuana. The same is true with Delta-8. There is no recourse at this time since legalization looks as though it is still quite a ways off.

Medical Marijuana in Your State

Interested in getting a medical card in Arkansas, Pennsylvania, Maryland, Oklahoma or any other state? Click the state and you’ll have all the information you need.

The Elevate
Holistics Promise

We are a team who believes in the medical benefits of cannabis and we are keenly aware that a large percentage of the population doesn’t know where to start on their cannabis journey. This is why we promise to treat every patient with respect, compassion, and love.

We’re all on our own journey and we promise to respect yours.

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