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Horry County, SC Public Conduct: Public Marijuana Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Horry County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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.

View official code

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?
The county's ordinance is narrower than a blanket ban: Sec. 5-14(c) makes it unlawful to engage in an aquatic activity, swimming, surfing, or similar water-related conduct, or to behave recklessly, on the beach or a public access while under the influence of marijuana. It targets impairment during risky beach activity rather than mere presence or possession.
Does the marijuana rule only apply to boats and jet-skis?
No. Subsection (b) of Sec. 5-14 covers operating a motorboat, jet-ski, or similar vessel or device while impaired, but subsection (c) extends the same marijuana, narcotic, and barbiturate standard to swimmers, surfers, and anyone engaged in aquatic activity on the beach or a public access, plus reckless behavior generally in the water or on the sand.
What happens if I'm cited for this?
Section 5-14 carries no penalty of its own, so a citation falls under Sec. 1-8, Horry County's general penalty section: a fine of up to $500, imprisonment of up to thirty days, or up to thirty days of public service ordered by the court in lieu of either.

Sources & Official References

Other rules in Horry County

All Horry County rules

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