Lexington County, SC Public Conduct: Public Marijuana Use (2026)
Key Facts
- Citation
- Sec. 46-2, Lexington County Code
- Penalty for refusing order
- $100.00 fine
- Trigger
- Unlawful drug use/possession in public
- Applies to
- Unincorporated Lexington County only
- Underlying marijuana status
- Illegal statewide under SC law
Summary
Lexington County's loitering ordinance treats unlawfully using or possessing an unlawful drug in a public place as grounds for a police order to leave, with a $100 fine for refusing.
As used in this section, "loitering" shall mean remaining idle in essentially one location, spending time idly, loafing or walking around aimlessly in a public place... or to conduct oneself in such a manner as to: ... (9) Unlawfully use or possess an unlawful drug... Any person who refuses to leave after being ordered to do so by a law enforcement officer shall be in violation of this section and subject to a $100.00 penalty.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 20).
Full Breakdown
Lexington County has no marijuana-specific ordinance, marijuana stays illegal under South Carolina state law, and deputies enforce state possession statutes directly. But the county's loitering law, Sec. 46-2, separately lists unlawfully using or possessing an unlawful drug in any public place in the unincorporated county as a form of loitering. A law enforcement officer who observes this can order the person to leave; refusing that order, not the drug use itself, triggers the county's own $100.00 penalty under this section, on top of any state drug charge.
Violations & Fines
Refusing a law enforcement officer's order to leave after loitering while unlawfully using or possessing a drug: $100.00 fine under Sec. 46-2(b), separate from any state possession charge.
Frequently Asked Questions
Is marijuana legal in Lexington County?
What exactly does Sec. 46-2 punish?
Sources & Official References
Other rules in Lexington County
Compare Lexington County to another location·View the South Carolina public conduct overview
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