US State

Cannabis and hemp laws

South Carolina

Recreational and medical marijuana illegal; THCA and hemp delta-9 legal; delta-8, delta-10 and HHC restricted

Adult use
Illegal
Medical
Illegal
Last reviewed
May 27, 2026

South Carolina

Cannabinoid status board

All states and compounds

Delta-10 THC

Restricted

Limits

No statutory restriction. AG opinion treats synthetic THC isomers as Schedule I. Active enforcement risk.

Key law

South Carolina Hemp Farming Act, S.C. Code §46-55-10; AG Opinion (Oct. 4, 2021); SLED enforcement

Effective

October 4, 2021

Full rules

Delta-8 THC

Restricted

Limits

No statutory restriction. AG opinion classifies delta-8 as illegal isomer; statute disagrees. Active enforcement risk.

Key law

South Carolina Hemp Farming Act, S.C. Code §46-55-10; AG Opinion (Oct. 4, 2021); SLED enforcement

Effective

October 4, 2021

Full rules

Delta-9 THC

Legal

Limits

Hemp-derived delta-9 edibles and beverages legal under federal Farm Bill standard. No state-level mg cap. Pending H 4759 would set 5 mg per beverage serving.

Key law

South Carolina Hemp Farming Act, S.C. Code §46-55-10 et seq.; SCDA; SLED enforcement

Effective

March 14, 2017

Full rules

HHC

Restricted

Limits

No statutory restriction. AG opinion treats synthetic THC analogs as Schedule I. Active enforcement risk.

Key law

South Carolina Hemp Farming Act, S.C. Code §46-55-10; AG Opinion (Oct. 4, 2021); SLED enforcement

Effective

October 4, 2021

Full rules

THCA

Legal

Limits

Federal delta-9-only standard at or below 0.3% by dry weight. No statewide per-serving mg cap. H 3924 and the other 2025-2026 hemp bills failed; no state framework enacted.

Key law

South Carolina Hemp Farming Act, S.C. Code §46-55-10 et seq.; SCDA hemp program; SLED enforcement

Effective

March 14, 2017

Full rules

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South Carolina

Latest news and analysis

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Is THCA Legal? A State-by-State 2026 Guide

State-by-state THCA status as of August 2026 with deep dives for Alabama, Georgia, North Carolina, South Carolina, and Texas — plus what changes when the federal H.R. 5371 §781 total-THC rule takes effect December 11, 2026.

South Carolina’s 2025 Hemp‑Derived Consumables Bills: Licensing, On‑Premise Bans, and Age‑21 Sales

South Carolina HB 3935, HB 3924, and HB 4004 introduce 2025 licensing, on-premise bans, and age-21 sales rules for hemp-derived edibles, beverages, and vapes.

Is THCA Legal? A State-by-State 2026 Guide

State-by-state THCA status as of August 2026 with deep dives for Alabama, Georgia, North Carolina, South Carolina, and Texas — plus what changes when the federal H.R. 5371 §781 total-THC rule takes effect December 11, 2026.

South Carolina’s 2025 Hemp‑Derived Consumables Bills: Licensing, On‑Premise Bans, and Age‑21 Sales

South Carolina HB 3935, HB 3924, and HB 4004 introduce 2025 licensing, on-premise bans, and age-21 sales rules for hemp-derived edibles, beverages, and vapes.

FAQ

Common questions

Is marijuana legal in South Carolina?

Recreational marijuana is illegal in South Carolina. Medical marijuana is not legal.

Is THCA legal in South Carolina?

Yes, under current South Carolina law. THCA flower, prerolls, edibles, and beverages remain legal at retail in South Carolina as long as the finished product tests at or below 0.3 percent delta-9 THC by dry weight, the standard from the 2018 federal Farm Bill carried into S.C. Code §46-55-10.

Is delta-8 THC legal in South Carolina?

Restricted. The plain text of the South Carolina Hemp Farming Act, S.C. Code §46-55-10, permits hemp-derived cannabinoids that meet the federal Farm Bill standard, and delta-8 is not separately listed as a controlled substance.

Is hemp-derived delta-9 THC legal in South Carolina?

Yes. Hemp-derived delta-9 edibles, tinctures, and beverages are legal in South Carolina under the South Carolina Hemp Farming Act, S.C. Code §46-55-10 et seq., provided the finished product tests at or below 0.3 percent delta-9 THC by dry weight.

This is general information, not legal advice.

Seed Legality

No medical or adult-use program; viable cannabis seeds are marijuana under SC law — only licensed hemp farming allowed.
Hemp seeds
Restricted
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

South Carolina has no adult-use or comprehensive medical program, and S.C. Code § 44-53-110 defines marijuana to include viable seeds (only seeds incapable of germination are excluded), so selling, buying, or gifting marijuana seeds is prosecutable as possession or distribution under § 44-53-370. The Hemp Farming Act (§ 46-55-10 et seq.) carves hemp — including seed at or below 0.3% THC — out of the marijuana definition, but cultivating hemp requires an SCDA Hemp Farmer permit (2026 applications closed Feb. 28, 2026). DEA's 2022 position that sub-0.3% seed is federally hemp has not been adopted by any South Carolina authority, and seeds marketed for marijuana cultivation remain contraband in practice.

Key law:
S.C. Code §§ 44-53-110, 44-53-370; S.C. Code § 46-55-10 et seq. (Hemp Farming Act)
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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