South Carolina Legal Information
In 2014, the South Carolina legislature passed S1035/H4803, also known as “Julian’s Law.” The law creates an exemption for the possession and use of CBD from the criminal definition of marijuana in limited circumstances. Only patients with severe forms of seizure disorders are eligible for legal protections after the patient obtains a recommendation for CBD oil from a physician. The law requires that the CBD oil be at least 15% CBD and no more than 0.9 % THC. The law also creates the ability for physicians to apply to take part in a statewide medical study of CBD oil for other conditions; however, the CBD oil for these studies must be at least 98% CBD and must come from a USDA-approved source.
In September 2015, the Senate Medical Affairs subcommittee unanimously approved S672, which would create a medical marijuana program, but it failed in 2016.
In This Section
South Carolina’s medical cannabis legislation took effect in June 2014, establishing legal protection for an extremely narrow class of people. Under the law, licensed physicians can recommend cannabidiol to treat severe forms of epilepsy. The bill also creates a statewide program for conducting clinical trials, if approved by the U.S. Food and Drug Administration. This section includes actual text of the legislation, a brief summary of the law and links to general resources for patients and physicians.
Medical cannabis patients in South Carolina must be diagnosed with uncontrollable epilepsy that is not adequately treated by traditional therapy. Qualifying patients are protected from arrest, prosecution, civil penalties and discrimination for use and possession, but the law is vague about cultivation and distribution of cannabis. This section includes an overview of state requirements for qualifying patients and links to other helpful information.
Physicians licensed by South Carolina’s Board of Medical Examiners may recommend the use of cannabidiol for patients with uncontrollable epilepsy that is unresponsive to standard medical treatments. This section includes an overview of state requirements for recommending clinicians and links to other educational resources.
While designated caregivers are defined in the law, no legal protections are afforded to caregivers.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.