South Carolina Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of South Carolina. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALSouth Carolina permits hemp-derived CBD products with less than 0.3% Delta-9 THC under the South Carolina Industrial Hemp Program (S.C. Code Ann. § 46-53-10 et seq.). The South Carolina Department of Agriculture regulates hemp cultivation and product sales.
Possession
Legal for adults to possess hemp-derived CBD products compliant with THC limits.
Sale
Sale is legal with licensing and compliance with state regulations.
Penalties
Violations involving THC limits or unlicensed sales may result in misdemeanor charges.
Age Restriction
18+ for purchase and possession.
Delta-8 THC
RESTRICTEDDelta-8 THC is legal with restrictions in South Carolina under S.C. Code Ann. § 46-53-10 et seq. Products must contain less than 0.3% Delta-9 THC. The state treats Delta-8 THC as legal if compliant with hemp laws and does not impose additional restrictions.
Possession
Legal if hemp-derived and under 0.3% Delta-9 THC.
Retail Sale
Allowed under hemp program regulations; no special licensing beyond hemp requirements.
Penalties
N/A
Age Restriction
18+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in South Carolina under the 2018 Farm Bill. In March 2026, the South Carolina Senate approved a bill to regulate hemp-derived THC products, including setting a 5mg THC cap for beverages and requiring sales in liquor stores.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in South Carolina, with no state laws banning or restricting possession or sale. No significant legislative changes.
Possession
Legal to possess kratom.
Sale
Legal to sell kratom.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in South Carolina under the South Carolina Code of Laws § 44-53-370. Psilocybin is a Schedule I controlled substance, prohibiting possession, sale, and manufacture.
Possession
Illegal; possession is a felony with penalties including imprisonment and fines.
Distribution
Illegal; sale and distribution are felony offenses.
Penalties
Penalties include imprisonment and fines depending on offense severity.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is illegal in South Carolina. No significant legislative changes since 2023.
Personal Possession
Illegal. First offense possession of 1 oz or less is a misdemeanor (up to 30 days jail, $200 fine). Subsequent offenses carry increasing penalties. No medical marijuana program.
Retail Purchase
Illegal. Distribution is a felony (up to 5 years, $5,000 fine). Sale to a minor within proximity of a school carries enhanced penalties.
Penalties
First offense (under 1 oz): misdemeanor, up to 30 days, $200 fine. Second offense: up to 1 year, $2,000 fine. Distribution: felony, up to 5 years.
Age Restriction
N/A
Salvia
RESTRICTEDSalvia divinorum is not a controlled substance in South Carolina and is legal to possess, sell, and use. No significant legislative changes.
Possession
Legal. Salvia divinorum is not a controlled substance in South Carolina. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in South Carolina. No special licensing required.
Penalties
N/A
Age Restriction
None