SC | SOUTHEAST
South Carolina
TLDR
South Carolina has fully legal hemp (Delta-8, THCA, smokable all available) but no medical or recreational marijuana. Governor McMaster stated there is a "compelling" case for medical cannabis, and Sen. Tom Davis is pushing the Compassionate Care Act for a 2026 vote. A hemp beverage compromise bill with 5mg limits is advancing through the Senate.
Legal Status at a Glance
Regulatory Body
South Carolina Department of Agriculture (hemp oversight) / No cannabis regulatory body
Licensing: None — Compassionate Care Act (S.0053) advancing with governor's support
Key Legislation
Compassionate Care Act
Sen. Tom Davis (R) medical cannabis bill with doctor certification — championed over multiple legislative sessions. Gov. Henry McMaster stated there is a "compelling" case for medical marijuana.
Marijuana Decriminalization
Proposes civil citation for possession of 1 oz or less / 10g hashish — decriminalization without full legalization.
Hemp THC Beverage Regulation
Advancing through Senate — would allow hemp beverages with up to 5mg THC, sold behind counter alongside nicotine products at convenience and grocery stores.
Current Events (2025-2026)
- ●Gov. Henry McMaster (R) stated there is a "compelling" case for medical marijuana — significant shift for a conservative state
- ●Sen. Tom Davis eyeing 2026 as the year to pass the Compassionate Care Act
- ●Hemp beverage compromise bill gaining bipartisan traction in Senate
- ●Decriminalization effort (Bill 3804) filed — would reduce penalties for small possession
- ●House leadership remains skeptical of medical cannabis
- ●Federal hemp ban (P.L. 119-37, Nov 2026) will impact South Carolina's open hemp market
History Highlights
2019: Hemp cultivation and sales legalized under Farm Bill alignment
2025-2026: Compassionate Care Act advances with governor's public support
2026: Hemp beverage compromise bill and decriminalization effort filed
How This Connects to Our Policy
ACFA Section 9 (Bipartisan Pathways) — South Carolina demonstrates that even in deep-red states, medical cannabis can gain executive support when framed as compassionate care. TTSA Section 4 (Potency Standards) applies to the 5mg hemp beverage compromise.
References & Sources
- South Carolina MPP Overview →
- Marijuana Herald — SC Hemp Beverage Bill →
- Marijuana Moment — SC Governor Medical Cannabis →
Last verified: 2026-04-02. Not legal advice. Consult an attorney for your specific situation.
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