South Carolina is famous for its lip-smacking barbeque, juicy peaches, and of course, the invention of sweet tea. But let’s be real; the real buzz kill here is the state’s tight grip on the herb. Sorry to say, but you can forget about buying, selling, or even lighting up in the Palmetto State. If you want to know more about South Carolina’s relationship with weed, keep reading for all the unfortunate details.
Straight to the point.
- Recreational THC: No
- Medical THC: No
- CBD: Yes
- Delta-8: No
Weed is Illegal in South Carolina
Weed, also known as marijuana or cannabis, is illegal in the state of South Carolina. Possession of any amount of weed is a crime and can result in fines and jail time. The sale and distribution of marijuana are also illegal, and the penalties for these crimes can be even more severe. Despite the growing trend of legalization in other states, South Carolina has not legalized marijuana for either medicinal or recreational use, and there are no current plans to change the state’s stance on the issue.
Cannabinoid Variants
Both hemp and marijuana contain active cannabinoids, although the ones in marijuana are much more psychoactive. However, in recent years, many alternative hemp-derived cannabinoids have hit the mainstream with massive acclaim for their similar benefits. Where does South Carolina stand on these?
Is CBD legal in South Carolina?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. Fortunately, CBD is legal in South Carolina.
Is Delta-8 legal in South Carolina?
Delta-8 THC, a minor cannabinoid found in the cannabis plant, is currently illegal in the state of South Carolina. This substance is often marketed as a legal alternative to Delta-9 THC, the primary psychoactive component in marijuana, but the legality of Delta-8 THC is still a gray area in many states.
In South Carolina, selling and possessing Delta-8 THC is prohibited, and individuals found with this substance can face criminal charges and penalties. Despite its growing popularity, the legality of Delta-8 THC is subject to change as federal and state laws continue to evolve, and it is important to stay informed and understand the laws in your area.
Is Delta-10 legal in South Carolina?
Delta-10 THC, a minor and less well-known cannabinoid found in the cannabis plant, is illegal in the state of South Carolina. Despite its growing popularity, Delta-10 THC is not specifically mentioned in South Carolina’s laws regarding controlled substances, but its status as a THC-related substance makes it illegal under current state law.
Are THC-O and other THC variants legal in South Carolina?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in South Carolina?
Hemp-derived HHC and HHC-O are currently legal in South Carolina as long as it meets certain conditions. Specifically, the hemp used to produce HCC and HHC-O must contain less than 0.3% Delta-9 THC by dry weight, as per federal laws.
Cultivation Laws
In South Carolina, the cultivation of cannabis plants, regardless of the number of plants, is illegal and considered a criminal offense. See below for more information about the punishments for cannabis cultivation. These penalties highlight the seriousness with which South Carolina views the cultivation of cannabis, and it is important to understand and comply with the laws and regulations in the state.
Where to Buy Weed in South Carolina
Weed is illegal here, so the only avenue is through the black market. If caught, serious punishments will be administered in a court of law.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Direct to Consumer
Consumers in South Carolina may only purchase CBD products directly from consumers or in some brick-and-mortar locations.
Efforts to Legalize Weed in South Carolina
The Put Patients First Act, jointly proposed by Democrat Todd Rutherford and Republican Jay Kilmartin, aims to establish a medical marijuana system that allows patients with a physician’s recommendation to access cannabis. The bill also outlines provisions for registered caregivers and dispensaries to grow and distribute marijuana for medical purposes.
The South Carolina Compassionate Care Act, co-sponsored by four Republicans, including Kilmartin, and one Democrat, seeks to permit patients with debilitating medical conditions to use cannabis products under the supervision of a physician, with certain exceptions. Lead sponsor Bill Herbskerman has previously initiated efforts to legalize medical marijuana in the legislature.
General FAQ
Where can you smoke weed in South Carolina?
In South Carolina, the use and possession of marijuana, including smoking, is illegal and prohibited by law.
Can you smoke weed in public in South Carolina?
No, smoking weed in public in South Carolina is not a laughing matter. It is strictly prohibited by law. So, it’s best to avoid lighting up in public places unless you want to be on the receiving end of a citation or even a criminal charge. If you’re feeling a little giddy and need a laugh, there are plenty of other things to do in South Carolina that won’t get you in trouble with the law.
Punishment for Illegal Acts FAQ
What are the penalties for growing weed?
In South Carolina, the penalties for growing marijuana are severe and can result in significant time in prison and large fines. Cultivating fewer than 100 plants is a felony offense with a maximum sentence of 5 years in prison and a maximum fine of $5,000. Cultivating 100-1,000 plants carries a mandatory minimum sentence of 25 years in prison and a maximum fine of $25,000.
For the cultivation of 1,000-10,000 plants, the mandatory minimum sentence is 25 years in prison and a maximum fine of $50,000. Cultivating more than 10,000 plants carries a mandatory minimum sentence of 25 years in prison and a maximum fine of $200,000. It is important to note that these penalties may be subject to change as the laws surrounding marijuana continue to evolve.
What are the penalties for selling, gifting, transporting, or importing weed?
In South Carolina, the delivery of marijuana is currently illegal and prohibited by law. This means that it is not permissible to transport, distribute, or sell marijuana within the state, regardless of the intended use or purpose. The possession and use of marijuana remain a criminal offense in South Carolina, and penalties for delivery can include fines and imprisonment, depending on the amount and circumstances of the offense.
Selling, gifting, transporting, or importing less than 10 pounds of weed in South Carolina is a felony that can result in a maximum sentence of 5 years imprisonment and a maximum fine of $5,000. A first offense of selling between 10-100 pounds can result in a sentence of 1 to 10 years imprisonment and a fine of $10,000.
The second and third offenses carry mandatory minimum sentences of 5 to 20 years and 25 years, respectively, and a fine of $25,000. Selling 100-2,000 pounds is a felony that carries a mandatory minimum sentence of 25 years imprisonment and a fine of $25,000.
Selling 2,000-10,000 pounds is a felony with a mandatory minimum sentence of 25 years imprisonment and a fine of $50,000. Selling more than 10,000 pounds carries a mandatory minimum sentence of 25 years imprisonment and a maximum fine of $200,000. Selling to a minor or within a 1/2 mile of a school, playground, or public park carries a 10-year prison sentence and a $10,000 fine.
What is the penalty for selling to a minor?
In South Carolina, selling marijuana to a minor or within a half-mile radius of a school, playground, or public park is a felony offense. This offense carries a maximum penalty of 10 years imprisonment and a maximum fine of $10,000.
What is possession with the intent to sell?
Possession with intent to sell one ounce or less is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a fine of $100-$200, but a conditional release may be granted for participating in a pretrial intervention program. A subsequent conviction for possession with intent to sell one ounce or less is a misdemeanor with a maximum sentence of 1-year imprisonment and a maximum fine of $2,000.
What are the penalties for possession for personal use?
Possession of one ounce or less of marijuana for personal use in South Carolina is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a fine of $100-$200. A subsequent conviction for possession of 1 ounce or less is a misdemeanor punishable by a maximum sentence of 1-year imprisonment and a maximum fine of $2,000.
