Horry County, SC Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- Horry County Code § 5-14(c)
- Covers
- Aquatic activity while under marijuana influence
- Also bans
- Reckless behavior endangering others on beach
- Applies to
- Public beaches and beach accesses
- Adopted
- Ord. No. 27-11, May 7, 2011
- Default penalty
- Up to $500 fine or 30 days
Summary
Horry County does not have a stand-alone public marijuana-use ban, but its beach ordinance reaches the same conduct: Code § 5-14(c) makes it unlawful to engage in any aquatic activity, or any activity at all, on the beach or a public access while under the influence of marijuana, alongside alcohol or other narcotics, or while behaving recklessly there.
No person shall engage in any aquatic activity or activities on the beach or public access while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana, nor shall any person engage in reckless behavior or negligent manner so as to endanger the life, limb or property of any person while in the water, on the beach or on a public access.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 88).
Full Breakdown
Section 5-14, part of Chapter 5's beach ordinance rewritten by Ord. No. 27-11 in 2011, targets impaired conduct on the water and sand in three linked subsections. Subsection (a) bars reckless or negligent operation of a motorboat, jet-ski, or other vessel, or reckless use of skis or a surfboard, that endangers life, limb, or property. Subsection (b) separately bars operating those same vessels or devices when intoxicated or under the influence of any narcotic drug, barbiturate or marijuana. Subsection (c) extends that same list of intoxicants beyond watercraft to conduct on foot: no person shall engage in any aquatic activity or activities on the beach or public access while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana, nor shall any person engage in reckless behavior or negligent manner so as to endanger the life, limb or property of any person while in the water, on the beach or on a public access.
Because aquatic activity is defined broadly in Sec. 5-1 to include swimming, surfing, kite-boarding, wind-surfing, and operating a wind- or motor-propelled vessel, subsection (c) reaches most of what a beachgoer actually does in and around the water, not just boating. The ordinance does not separately criminalize simply possessing or smoking marijuana while sitting on a towel; it is written around impairment during an activity that could endanger the impaired person or others, the same structure South Carolina uses for its boating-under-the-influence statute. Enforcement runs through the same Chapter 5 penalty framework as the rest of the beach ordinance.
Violations & Fines
Engaging in swimming, surfing, boating, or any other aquatic activity on a Horry County public beach or beach access while under the influence of marijuana violates Sec. 5-14(c), as does reckless behavior that endangers others there. Chapter 5 sets no unique fine for this section, so a violation defaults to the Sec. 1-8 general penalty, up to a $500 fine, thirty days' imprisonment, or thirty days of public service.
Frequently Asked Questions
Is it illegal to be high on a Horry County beach?
Does the marijuana rule only apply to boats and jet-skis?
What happens if I'm cited for this?
Sources & Official References
Other rules in Horry County
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