Is Weed Still Illegal in South Carolina, and What Happens if I Get Caught With It?

Yes, Marijuana Is Still Illegal in South Carolina—Here’s What You Need to Know

You might be looking around at other states where marijuana is legal for medical or recreational use and wondering: “Is weed still illegal in South Carolina?”

The answer is yes—with very limited exceptions.

Despite changing attitudes nationwide, South Carolina has some of the strictest marijuana laws in the country. Possession, sale, and cultivation of marijuana are all criminal offenses that can result in jail time, fines, and a permanent criminal record.

Even a small amount—something that might get you a ticket in other states—can land you in serious legal trouble here.

South Carolina’s Marijuana Laws

Under S.C. Code § 44-53-370, marijuana is classified as a Schedule I controlled substance. That means South Carolina law treats it the same way it treats heroin, LSD, and ecstasy.

Possession Is a Crime

If you’re caught with any amount of marijuana—even a joint or a few grams—you can be charged with a criminal offense.

Here’s how the penalties break down:

First Offense (Simple Possession)

• Up to 30 days in jail
• Fine up to $200
• Misdemeanor on your record

Second Offense

• Up to 1 year in jail
• Fine up to $2,000

Third or Subsequent Offense

• Up to 1 year in jail
• Fine up to $3,000

And here’s the kicker: even a first offense stays on your criminal record unless you get it expunged.

Possession With Intent to Distribute (PWID)

If police believe you had marijuana with the intent to sell it, you’re facing much harsher penalties.

PWID charges are based on the amount of marijuana, how it’s packaged (multiple bags, scales, etc.), whether you had large amounts of cash, and text messages or other evidence suggesting drug dealing.

PWID Penalties:

• First offense: Up to 5 years in prison and a fine up to $5,000
• Second offense: Up to 10 years in prison and a fine up to $10,000
• Third or subsequent offense: Up to 20 years in prison and a fine up to $20,000

You don’t actually have to sell marijuana to get charged with PWID. Police can charge you based solely on the amount and circumstances of the possession.

Cultivation (Growing Marijuana)

Growing marijuana—even a single plant—is a felony in South Carolina.

Penalties for cultivation: up to 5 years in prison for a first offense, up to 10 years for subsequent offenses, and fines up to $5,000.

What About CBD and Hemp?

This is where things get confusing.

South Carolina legalized hemp in 2019, which means CBD products derived from hemp (containing less than 0.3% THC) are legal.

But here’s the problem: it’s almost impossible to tell the difference between hemp and marijuana just by looking at it. That means you could be carrying legal CBD flower and still get arrested.

If you’re charged with marijuana possession but you believe the substance was legal hemp, you’ll need lab testing to prove it. And even then, prosecutors might not drop the charges without a fight.

What About Medical Marijuana?

South Carolina has an extremely limited medical marijuana law called Julian’s Law, which allows patients with severe epilepsy to use CBD oil with less than 0.9% THC.

But that’s it. There’s no broader medical marijuana program. You can’t get a prescription for chronic pain, anxiety, PTSD, or any of the conditions that qualify in other states.

So if you’re using marijuana for medical reasons—even if you have a condition that would qualify you in another state—it’s still illegal in South Carolina.

What Happens When You Get Caught With Weed?

Let’s say you get pulled over, and the officer finds marijuana in your car. Here’s what typically happens:

You’ll Be Arrested

Even for a small amount, you’ll likely be arrested and taken to jail. You might be released on a personal recognizance bond, or you might have to post bail.

You’ll Be Charged

The solicitor’s office will file charges against you. Depending on the amount and circumstances, it could be simple possession or PWID.

You’ll Have a Court Date

You’ll be required to appear in court. If you don’t show up, a warrant will be issued for your arrest.

You Could Face Additional Consequences

Beyond jail time and fines, a marijuana conviction can affect your ability to get a job (criminal background checks), your eligibility for student loans and financial aid, your professional licenses (nursing, teaching, etc.), your immigration status (if you’re not a U.S. citizen), your gun rights, and your driver’s license (it can be suspended for 6 months).

Every case is different, but having an experienced criminal defense attorney dramatically improves your chances of a favorable outcome.

What If You’re Under 18?

Juveniles caught with marijuana are usually handled in family court rather than criminal court. But that doesn’t mean the consequences aren’t serious.

A juvenile marijuana charge can result in detention in a juvenile facility, probation, drug counseling, community service, and loss of driving privileges.

And if the offense is serious enough, juveniles can be charged as adults.

Don’t Assume a Marijuana Charge Is No Big Deal

A lot of people think, “It’s just weed. Everyone does it. It’s not a big deal.”

But in South Carolina, it is a big deal. A marijuana conviction can follow you for the rest of your life—affecting your job prospects, your education, your housing, and more.

At Okoye Law, we’ve defended clients across Rock Hill, Fort Mill, and York County against marijuana charges—from simple possession to PWID.

We know the defenses that work, the programs that can help, and how to negotiate with prosecutors to get the best possible outcome.

Contact Okoye Law today for a confidential consultation.

Frequently Asked Questions

What if I have a medical marijuana card from another state?

It doesn’t matter. South Carolina doesn’t recognize out-of-state medical marijuana cards. If you’re caught with marijuana here, you’ll be charged just like anyone else—even if it’s legal where you’re from.

Can I get arrested for having marijuana in my system, even if I’m not carrying any?

Generally, no. South Carolina law criminalizes possession and use, but you can’t be charged just for having THC in your system unless you’re driving. If you’re arrested for DUI and test positive for marijuana, that’s a different story.

What if the marijuana was in my car, but it wasn’t mine?

That’s a common defense, but it’s tough to prove. Police usually assume that if it’s in your car, it’s yours—especially if you’re the driver. Your attorney can argue that someone else left it there, but you’ll need evidence to back that up.

Can I get my marijuana charge expunged?

Yes, but only if the charge is dismissed or you’re found not guilty. If you’re convicted, you can’t expunge it. That’s why it’s so important to fight the charge or get into a diversion program like PTI.

What if I was just holding it for a friend?

That doesn’t matter legally. If you had physical possession of marijuana, you can be charged—even if it wasn’t yours. The law doesn’t care whose marijuana it was, only that you had control over it.