South Carolina state law prohibits cultivation, possession, and use of marijuana for any purpose, including medical and personal home grow. Cities cannot legalize home cultivation under state preemption.
Under SC Code Title 44, Chapter 53, marijuana is a Schedule I controlled substance. Cultivating marijuana plants is a felony regardless of quantity or stated purpose. South Carolina has no medical marijuana program; the Compassionate Care Act has not passed as of 2026. Possession of any amount of marijuana is at minimum a misdemeanor. Industrial hemp containing 0.3 percent THC or less is legal under the SC Hemp Farming Act, but only for licensed growers. Local governments cannot decriminalize or permit home cultivation; state law preempts the field of controlled substances.
Cultivating marijuana is a felony. Less than 100 plants: up to 5 years and $5,000 fine. 100 to 1,000 plants: 25 years mandatory minimum and $25,000 fine under SC Code 44-53-370.
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