South Carolina Statewide Rule
South Carolina Prohibits All Cannabis Home Cultivation
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
Summary
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.
(a) Except as authorized by this article it shall be unlawful for any person: (1) to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue;
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.
Frequently Asked Questions
Can I grow one or two plants for personal use?
What if my doctor recommends medical marijuana?
Can my city pass a law allowing personal grows?
Sources
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