Prohibited HIGH

South Carolina

  • South Carolina is one of the few remaining states with no medical cannabis program, relying solely on a highly restrictive low-THC (0.3%) exception for severe epilepsy under Julian's Law (2014).
  • Despite approximately 83% of registered voters supporting medical cannabis legalization — including 74% of self-identified Republicans — the legislature has repeatedly failed to pass the Compassionate Care Act.
  • In 2018, Black residents were 3.5 times more likely to be arrested for cannabis possession than white residents; seven of the top 20 most racially disparate counties in the U.S. are in South Carolina.
  • South Carolina made 38,289 cannabis arrests in 2018 — more than for all violent crimes combined — and possession arrests increased 52.8% between 2010 and 2018.
  • Because South Carolina has no citizen-led ballot initiative mechanism, all reform must pass through a historically resistant General Assembly facing entrenched opposition from the Attorney General and SLED.
South Carolina remains a firmly prohibitionist state, categorizing cannabis alongside highly restricted controlled substances with no comprehensive medical or adult-use framework. The state operates under a strictly punitive legal regime in which possession arrests surged counter to national trends throughout the 2010s, systemic racial disparities in enforcement are among the worst in the nation, and the primary political obstacle to any reform is a coalition of state law enforcement and the Attorney General — not public opinion, which overwhelmingly favors change.
Penalties

Penalties

Offense Amount Classification Penalty
Simple Possession 1 oz or less Misdemeanor First offense: up to 30 days jail and/or $100–$200 fine; driver's license may be revoked 30 days. Second/subsequent offense: up to 1 year jail and $200–$1,000 fine. [10]
Simple Possession More than 1 oz (no intent to distribute) Felony First offense: 6 months to 5 years prison and $1,000–$5,000 fine. Second offense: up to 10 years and $10,000 fine. Third/subsequent: 5–20 years and $20,000 fine. [10]
Possession of Hashish/Concentrate 10 grams or less Misdemeanor First offense: up to 30 days jail and $100–$200 fine. Subsequent offenses: up to 1 year and $1,000 fine. [10]
Possession of Hashish/Concentrate More than 10 grams Felony Treated as possession with intent to distribute per se; felony penalties apply. [10]
Possession With Intent to Distribute (PWID) Any amount Felony First offense: up to 5 years and $5,000 fine. Second offense: up to 10 years and $10,000 fine. Third/subsequent: 5–20 years and $20,000 fine. [14]
Trafficking 10–99 lbs Felony (mandatory minimums) First offense: 1–10 years and $10,000 fine. Second offense: 5–20 years and $15,000 fine. Third offense: mandatory 25 years and $25,000 fine. [10]
Trafficking 100–1,999 lbs Felony (mandatory minimum) Mandatory 25 years and $25,000 fine. [14]
Trafficking 2,000–9,999 lbs Felony (mandatory minimum) Mandatory 25 years and $50,000 fine. [14]
Trafficking 10,000+ lbs Felony (mandatory minimum) 25–30 years (mandatory minimum 25 years) and $200,000–$250,000 fine. [10]
Cultivation Fewer than 100 plants Felony Up to 5 years and $5,000 fine. [10]
Cultivation 100–1,000 plants Felony (mandatory minimum) Mandatory minimum 25 years and $25,000 fine. [10]
Cultivation 1,000–10,000 plants Felony (mandatory minimum) Mandatory minimum 25 years and $50,000 fine. [10]
Cultivation 10,000+ plants Felony (mandatory minimum) Mandatory minimum 25 years and $200,000 fine. [10]
Paraphernalia Any (no residue) Civil / Misdemeanor Civil citation only if no measurable residue present. Presence of any residue triggers possession charges. [14]
Criminal Justice

Criminal Justice

GroupMetricValue
Black Disparity Ratio vs. White residents 3.5x more likely to be arrested for cannabis possession [5]
Black — Disparity Trend Disparity Ratio over time 1.8x in 2001 → 2.8x in 2010 → 3.5x in 2018 (widening gap)
Black — Pickens County County-level disparity ratio 8.36x more likely to be arrested than white residents
Black — Greenville County County-level disparity ratio 5.25x more likely to be arrested than white residents
Black — Charleston (Jan 2020–Jun 2021) % of cannabis possession arrests 71.3% of all cannabis possession arrests [20]
Black — Charleston Sales Arrests (Jan 2020–Jun 2021) % of cannabis sales arrests 81.7% of all cannabis sales arrests [20]
Black — Charleston Citation Rate Citation rate vs. white residents 9.6x the citation rate for cannabis possession vs. white residents [20]
Enforcement of cannabis prohibition is arguably the primary narrative of South Carolina's cannabis landscape. The state dedicates vast judicial and financial resources to prosecuting cannabis offenses. In 2018, 89.4% of all cannabis arrests were for simple possession rather than distribution or trafficking. Counter to national trends, possession arrests surged 52.8% between 2010 and 2018. Racial disparities are severe and expanding: Black residents were 3.5 times more likely to be arrested than white residents in 2018, up from 1.8x in 2001. Seven of the top 20 most racially disparate counties in the U.S. are in South Carolina. A 2021 Charleston Police Department audit found Black residents — 21.7% of the population — accounted for 71.3% of cannabis possession arrests. Expungement is available for first-offense possession but requires a 3-year wait, administrative fees up to $250, and is not automatic.
Borders

Border Dynamics

NeighborLegal StatusNotes
North Carolina Fully prohibited for adult use. No comprehensive medical program. Both SC and NC are fully prohibited, eliminating legal cross-border purchasing flow.
Georgia Fully prohibited for adult use. Extremely limited medical low-THC program (HB 1 — possession only, no in-state dispensaries until recent expansion). Georgia's limited medical program provides no meaningful legal supply; region functions as a consolidated illicit market corridor.
South Carolina borders North Carolina and Georgia, both of which are fully prohibited for adult use with only narrow medical exceptions. The region therefore functions as a consolidated corridor for illicit market supply rather than a legal cross-border purchasing zone. The state is monitored under the Atlanta-Carolinas HIDTA (established 1995, expanded 2006), which identifies interstate highway networks as the primary trafficking conduit. Cannabis is the most frequently seized substance in the HIDTA's area of responsibility, with DTOs exploiting legal-state supply chains for cover.
Economic

Economic Opportunity

Fiscal Note
SC Revenue and Fiscal Affairs Office modeled the Compassionate Care Act against Minnesota's medical framework. Projected state tax revenue: $150,000–$165,000 in the initial operational year, scaling to approximately $3.6 million annually by FY 2027-28 (6% state sales tax on medical products). Local option sales taxes would add approximately $52,000 annually. Revenue distribution: 75% General Fund; 10% local alcohol and drug abuse prevention; 5% SLED; 5% medical cannabis research; 3% impaired driving detection research; 2% Department of Education drug safety programs. Annual cost per state inmate: $34,570 (FY 2022-23).[30]
Current economic opportunity surrounding cannabis in South Carolina is constrained to enforcement cost estimates and fiscal projections from proposed reform legislation. The ACLU estimated that 16,669 possession arrests in 2010 cost taxpayers nearly $50 million; given that possession arrests effectively doubled by 2018, civil rights organizations estimate the state currently expends approximately $100 million annually enforcing misdemeanor possession laws (judges, clerks, police hours, solicitors). Felony incarcerations multiply this figure: the SC Department of Corrections reported an annual cost per inmate of $34,570 in FY 2022-23. If the Compassionate Care Act were enacted, official fiscal modeling projects tax revenue scaling to $3.6 million annually by FY 2027-28 — a modest figure reflecting the bill's extremely restrictive design. No credible state-specific illicit market valuation exists, and no job creation estimates have been published.
Political

Political Trajectory

Active Bills
South Carolina Compassionate Care Act (S. 53), 2025-2026 legislative session. Championed by Sen. Tom Davis (R-Beaufort) and Sen. Stephen Goldfinch (R-Georgetown). Establishes a heavily restricted medical cannabis infrastructure with qualifying conditions limited to severe debilitating conditions (cancer, MS, epilepsy, PTSD, sickle cell, autism, Crohn's, terminal illness, chronic conditions for which opioids might otherwise be prescribed). Bans smoking flower, home cultivation, and recreational distribution. Requires dispensing only through state-licensed 'therapeutic cannabis pharmacies' with a licensed pharmacist on-site. Jointly overseen by DHEC and the Board of Pharmacy.[27]
Polling Support
Approximately 83% of registered South Carolina voters support medical cannabis legalization, including 74% of self-identified Republicans.[1]
Ballot Initiative
South Carolina does not have a citizen-led ballot initiative mechanism. All cannabis reform must pass through the state General Assembly.[1]
South Carolina's political landscape is characterized by heavy conservative caution despite persistent bipartisan legislative effort. Senator Tom Davis has led the medical cannabis charge for nearly a decade, making the Compassionate Care Act progressively more conservative to attract reluctant votes. The bill has passed the Senate multiple times but stalls in the House without a floor vote. The primary obstacle is not public opinion — 83% of voters, including 74% of Republicans, support medical legalization — but an entrenched enforcement coalition led by AG Alan Wilson and SLED Chief Mark Keel. Because South Carolina lacks a citizen initiative process, all reform must navigate a legislature that has thus far chosen to protect its enforcement apparatus over the documented will of voters. The realistic trajectory is continued incremental Senate progress with uncertain House prospects absent a significant shift in House leadership or AG posture.

Sources

  1. ↑ FundCanna — SC Cannabis Loans
  2. ↑ Lexington Chronicle — AG Calls Marijuana Most Dangerous Drug
  3. ↑ WLTX — Group Opposing Medical Cannabis Speaks Out
  4. ↑ ACLU of South Carolina — New ACLU Report (Black People Almost 3.5 Times More Likely to Get Arrested)
  5. ↑ ACLU of South Carolina — Tale of Two Countries Report
  6. ↑ South Carolina Attorney General's Office — Official Website
  7. ↑ NORML — South Carolina Guide
  8. ↑ West Law Firm — SC Cannabis Law Firm
  9. ↑ Law Office of Mo Abusaft — Drug Possession Laws SC
  10. ↑ NORML — South Carolina Penalties
  11. ↑ South Carolina General Assembly — S.C. Code 44-53-370 (Bill 3110)
  12. ↑ Lauren Taylor Law — SC Cannabis Laws
  13. ↑ Galen College — SC Drug Trafficking Penalties 2025 Update
  14. ↑ Bannister, Wyatt & Stalvey — Cannabis Offenses
  15. ↑ David Tarr Law — PWID Charges
  16. ↑ ACLU of South Carolina — It's Time for South Carolina to Change Its Laws
  17. ↑ Beard Bros Pharms — SC Compassionate Care Act
  18. ↑ SC Statehouse Report — Hemp Hits Senate Floor
  19. ↑ South Carolina Attorney General — Official Opinion 9-16-2024
  20. ↑ ACLU of South Carolina — CPD Bias Audit
  21. ↑ David Tarr Law — Expungement Guide
  22. ↑ Axelrod & Associates — SC Expungement
  23. ↑ Greenville County Solicitor — Expungements
  24. ↑ SC House Legislative Oversight Committee — Drug Trafficking Threat Assessment
  25. ↑ Atlanta-Carolinas HIDTA — 2026 Threat Assessment
  26. ↑ SC Statehouse — Bill 53 History
  27. ↑ Marijuana Policy Project — SC Compassionate Care Act Summary
  28. ↑ The Cannabis Business Advisors — SC Medical Legislation Update
  29. ↑ WFAE — Cunningham Announces Legalization Plan
  30. ↑ SC Revenue and Fiscal Affairs Office — S. 0423 Fiscal Impact Statement
  31. ↑ SC Revenue and Fiscal Affairs Office — S. 0150 Fiscal Impact Statement
  32. ↑ Flowhub — Cannabis Industry Statistics