South Carolina Cannabis Regulations
Low THC / CBD OnlyRegulatory Agency: N/A ·
Cannabis Landscape Overview
South Carolina's cannabis framework is limited to Julian's Law, signed in 2014 (S 1035), which allows patients with severe forms of epilepsy to use CBD oil containing no more than 0.9% THC and at least 15% CBD. The law is named after Julian, a child with Dravet syndrome. There is no state agency overseeing a cannabis program, and no legal mechanism exists for obtaining the qualifying CBD oil within the state.
As of 2026, South Carolina has not expanded beyond this extremely narrow CBD-only provision. Hemp-derived CBD products containing 0.3% THC or less are widely available through retail channels under federal law. Multiple legislative attempts to establish a broader medical cannabis program have been introduced, including the South Carolina Compassionate Care Act, which has been debated for several sessions but has not been enacted. The state remains one of the most restrictive in the nation for cannabis access.
Packaging Requirements
Current Standards
- No state-specific cannabis packaging regulations exist
- Hemp-derived CBD products must comply with general consumer product safety standards
- Products sold as food or dietary supplements must follow applicable FDA packaging guidelines
- Child-resistant packaging is not mandated by state law for CBD products but is an industry best practice
Labeling Requirements
Hemp-Derived CBD Products
- Products must accurately state they are derived from hemp
- THC content must be listed and must not exceed 0.3%
- CBD content per serving and per container
- Manufacturer or distributor name and contact information
- Net weight or volume
- Complete ingredient list
- No FDA-unapproved health or medical claims
Julian's Law CBD Oil
- Must contain no more than 0.9% THC and at least 15% CBD
- No state-mandated labeling framework exists for dispensing since there is no in-state supply chain
- Documentation of cannabinoid content is advisable for patients using the affirmative defense
Advertising Rules
South Carolina has no cannabis-specific advertising laws. Hemp-derived CBD products are subject to general state consumer protection statutes and federal FTC and FDA advertising regulations. Sellers may not make false, misleading, or unsubstantiated health claims. Products may not be advertised as cures or treatments for specific medical conditions without FDA approval. Marketing to minors is subject to general consumer protection standards. Retailers should ensure all advertising accurately represents product contents and complies with applicable federal guidelines.
Licensing Overview
South Carolina does not issue cannabis-specific licenses. There is no dispensary, cultivator, or processor licensing system. The state's hemp program, administered by the South Carolina Department of Agriculture, requires permits for hemp cultivation and processing. Retailers selling hemp-derived CBD products operate under standard business licensing. If the Compassionate Care Act or similar legislation eventually passes, it would create a licensing framework administered by the Department of Health and Environmental Control. Until then, South Carolina remains without any regulated cannabis supply chain beyond what federal hemp law permits.
Cannabis Taxes in South Carolina (2026)
South Carolina cannabis businesses collect and remit multiple overlapping taxes. Below is a summary of the rates that apply to retail cannabis sales as of 2026. Regulatory agency: South Carolina Department of Agriculture (hemp program).
- Excise tax: No cannabis excise tax
- Sales tax: 6% state sales tax + typical 1–3% local sales tax applies to CBD/hemp products
- Local cannabis tax: No local cannabis tax
- Medical exemption: South Carolina has no operational medical or adult-use program
- Effective combined rate: 7–9% on CBD/hemp products
Bills to establish a medical program have been debated annually but not enacted as of 2026.
Frequently Asked Questions
Is cannabis legal in South Carolina?
South Carolina does not have a recreational or comprehensive medical cannabis program. Only hemp-derived CBD products with less than 0.3% THC are legal under federal and state law.
A medical cannabis bill (the South Carolina Compassionate Care Act) has been debated for several years but has not passed into law.
What are the packaging requirements in South Carolina?
Since cannabis is illegal in South Carolina, there are no state cannabis packaging requirements. Hemp-derived CBD products must comply with general consumer product safety standards.
CBD retailers should use child-resistant packaging as a best practice and ensure packaging does not make unauthorized health claims.
What are the labeling requirements in South Carolina?
South Carolina has no cannabis-specific labeling requirements. Hemp CBD products should comply with FDA guidelines, accurately display CBD and THC content, and include standard disclaimers.
Labels should clearly confirm the product is hemp-derived with less than 0.3% THC and list all ingredients. Medical claims are not permitted.
What are the advertising restrictions in South Carolina?
Cannabis advertising is not applicable in South Carolina since cannabis is illegal. Hemp CBD advertising must comply with FTC guidelines and cannot make therapeutic or medical claims.
CBD businesses should focus on wellness messaging and clearly distinguish their legal hemp products from illegal cannabis.
How do I get a cannabis license in South Carolina?
South Carolina does not issue cannabis licenses. There is no medical or recreational program. Hemp businesses can operate under the state's hemp farming program regulated by the South Carolina Department of Agriculture.
If the Compassionate Care Act eventually passes, it would create a limited medical licensing framework. Entrepreneurs should monitor legislative progress.
Are promotional products allowed for cannabis businesses in South Carolina?
Cannabis promotional products are not applicable in South Carolina since cannabis commerce is illegal. Hemp CBD businesses may use branded items within federal guidelines.
CBD company promotional materials should avoid cannabis-specific imagery and clearly communicate the legal, hemp-derived nature of their products.