Can I grow one or two plants for personal use?

No. Any cultivation is a felony in South Carolina regardless of quantity or personal use claim. There is no decriminalization threshold for plants.

What if my doctor recommends medical marijuana?

South Carolina has no medical marijuana program. Possessing or cultivating marijuana remains illegal even with an out-of-state medical card.

Can my city pass a law allowing personal grows?

No. State controlled-substance law preempts local action. Cities cannot legalize cultivation or possession of marijuana.

South Carolina Home Cultivation (2026)

Key Facts

Legal status: Fully prohibited
Governing statute: SC Code 44-53-370
Cultivation penalty: Felony, up to 25 years
Medical program: None as of 2026
Legal hemp: Licensed only, under 0.3% THC

Source: South Carolina Legislature

Full Breakdown

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.

Violations & Penalties

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.

South Carolina Prohibits All Cannabis Home Cultivation

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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