Technically, growing marijuana in South Carolina is not legal, but recent laws are getting closer. South Carolina currently considers it a misdemeanor to be in possession of up to 1 oz of marijuana- meaning you will have to pay some money if you get caught with it. If they think you’re growing it, you could face some prison time, and the charge is the same for up to 100 plants. Who can reasonably use that many plants at one time?
South Carolina marijuana laws are somewhat, should I say, confusing. First they say you can’t smoke marijuana, and then they say only if it has a lot of THC. They also say growing marijuana in South Carolina is not legal, except if you are growing it for medicinal purposes and your plant has very little THC. You see what I mean?
South Carolina does allow the growing of some marijuana. They have legally defined hemp as the marijuana that can be grown. They even have licensed growers that are growing it for ‘experimental purposes’. Now keep in mind, South Carolina is very serious about what’s hemp and what isn’t hemp. According to them, hemp is not cannabis ruderalis… no, hemp is marijuana with ultra-low THC- less than .3% to be exact. Understand, now? Good, because if you get the two confused, the state will make you pay a fine. This is because they want you to clearly understand that growing marijuana in South Carolina is illegal.
South Carolina also is not a fan of medical marijuana, unless that marijuana is oil… and that oil has a lot of CBD in it. In that case, medical marijuana is okay. The great Palmetto state will always love its trees even if they have to be very specific about which trees are acceptable. Medical marijuana is approved for CBD extracts with at least 15% CBD and no more that .9% THC for three specific medical conditions. Unfortunately, confusion is not one of them.
So, in addition to interesting decisions about growing marijuana in South Carolina, the state also has some very particular medical marijuana laws. I’d hate to be the judge that has to sort all of that mess out.
Growing in South Carolina
The law includes so many exceptions that there is a reasonable chance you may not face serious legislation if you grow very small amounts in South Carolina. Add to that, the fact that first time offenders typically get probation, and you see, it’s a lot of bark but no bite. But, there is an additional state penalty to keep in mind, and it’s about money. It almost always comes down to the money.
If your plants happen to get seized, South Carolina charges a marijuana tax – that’s not the least bit confusing! Makes you wonder how popular growing must be if they took the time to design a special stamp to place on marijuana … Point is, growing marijuana in South Carolina is definitely not unheard of and with stealth growing techniques many people are probably doing it right now. So, get you some seeds, don’t tell neighbors you are growing hemp and do your best not to get too confused.
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Marijuana legislation can be complicated, but Jenny Bloom is always up for the task. Although not a lawyer, her experience as a reporter and PR specialist helps her understand legalese – especially when it relates to growing marijuana. A passionate supporter of legalization and home... [read more]