Cannabis & hemp regulatory news and information about

South Carolina

Recreational Marijuana Status:
Illegal
Medical Marijuana Status:
Illegal

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.

South Carolina

Hemp, Cannabis, and Tobacco Regulation News