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South Carolina Regulated Cannabis Program Overview

Type of program: CBD oil only

South Carolina medical marijuana advocates are having a tough time reasoning with lawmakers in the state. As a result, the state is severely behind the times when it comes to its limited medical cannabis program. 

“Julian’s Law” alternatively known as Senate Bill 1035 was passed in 2014, ultimately permitting the use of CBD oil for severe intractable epilepsy in children. Under the law, the possession and use of CBD oil with a maximum 0.3 percent THC level by epilepsy patients were permitted, but only with the recommendation of a state-licensed South Carolina medical marijuana doctor. However hemp-derived CBD oil is now federally legal. In spite of the stringent, confusing laws in South Carolina, residents can easily buy CBD oil online without a South Carolina medical marijuana card

Washington legislators legalized hemp nationwide at the end of 2018. The Hemp Farming Act was subsequently passed in March of 2019, effectively legalizing CBD oil and hemp farming in South Carolina. At present, there are more than 100 licensed hemp farmers in the state.

Qualifying medical conditions for South Carolina CBD

Residents who wish to fully comply with CBD laws in South Carolina must be diagnosed with one of the following:

  • Lennox-Gastaut Syndrome
  • Dravet Syndrome (also known as severe myoclonic epilepsy of infancy) 
  • Any other form of severe, uncontrollable epilepsy

The patient must be unresponsive to traditional medical therapies.

How to get a medical marijuana card in South Carolina

In South Carolina, medical marijuana cards are not required to purchase CBD oil, and marijuana is illegal. While anyone can buy CBD oil in South Carolina, medical patients suffering from epilepsy or any other medical condition should confer with their physicians before beginning any medical cannabis program. 

Medical Marijuana Is Not Legal 2021

South Carolina has not at this point, embraced a medical marijuana program in spite of the growing support of many residents. 72 percent of South Carolinian residents, according to a 2018 Benchmark Research poll, fully support a medical marijuana program. Surprisingly, a whopping 63 percent of Republicans in the state also support the legalization of medical marijuana.

South Carolina’s Compassionate Care Act, Senate Bill 150 was filed by Sen. Tom Davis R-Beaufort early in the 2021 legislative session. Sen. Davis has filed and authored several similar bills since 2015 but has failed to garner enough support to pass cannabis policy reforms.

House Bill 3361, the bill’s House counterpart has been referred to the House Medical, Military, Public, and Municipal Affairs Committee, has 18 co-sponsors, and was filed by Rep. Bill Herbkersman, and R-Bluffton. 

Under these bills, patients would be legally permitted to procure, possess and use medical marijuana with the recommendation of a physician. The physician must certify that the patient is suffering from qualifying conditions such as chronic pain, glaucoma, PTSD, epilepsy, diabetes, or autism. The House bill would further allow doctors to use their discretion when recommending medical marijuana for any condition they choose to designate.

If the bill is passed, patients would be allowed to purchase and possess up to two ounces of cannabis oil or cannabis-infused topical over a 14-day period. 

With the passing of the bill, a Medical Cannabis Advisory Board would be established, and regulators would be authorized to designate additional qualifying conditions.

The proposals do not make arrangements for growing marijuana in South Carolina.


In South Carolina, patients in possession of a physician’s prescription for CBD oil may engage a caregiver to pick up and administer the medicine. Caregivers may be a relative or someone who lives in the same household as the qualifying patient and/or be employed by a daycare center or a public or private institutional facility.

Marijuana dispensaries in South Carolina 

CBD oil is legal in South Carolina. It can be purchased at CBD vape and smoke shops, health food stores and supplement shops, and many other places. However, many shops carry products that cannot be considered medicinal grade. This might not be a problem for the average CBD oil buyer, but it can be a problem for patients suffering from epileptic seizures. Patients and their healthcare providers really need to do their homework to find a trusted CBD brand.

Although there are some CBD merchants that offer high-quality products, online shops offer a wider range of high-quality CBD products than the average South Carolina “dispensaries.” 

Buy CBD oil online

South Carolina medical marijuana purchase and possession limits

Only hemp-derived CBD oil with less than 0.3 percent THC content is permitted in South Carolina. There is no designated amount an individual is allowed to possess. If anyone is found in possession of CBD or hemp with a higher THC content, they may be subjected to severe marijuana possession penalties.

Marijuana Doctors

Home cultivation in South Carolina

Cultivating marijuana in any amount is punishable by a maximum prison sentence of five years and a $5000 fine.

A license is required to grow hemp.

Learn more about South Carolina hemp and CBD laws

Marijuana-related DUI laws in South Carolina

Being caught while driving under the influence of marijuana in the state of South Carolina will result in the same severe penalties applied to alcohol-related offenses. 

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