CBD & Marijuana Laws in South Carolina vs. North Carolina

South Carolina

Marijuana: Fully Illegal

South Carolina has no medical or recreational marijuana program of any kind. A bill known as the Compassionate Care Act, which would have created a limited medical cannabis framework, has stalled for several legislative sessions with no hearing scheduled. The only exception on the books is Julian’s Law (2014), a narrow provision allowing patients with severe epilepsy to use CBD oil with no more than 0.9% THC — but there’s no state agency, registry, or legal supply chain to actually obtain it in-state.

CBD & Hemp Products: Legal, Unregulated

Hemp-derived CBD with 0.3% THC or less is legal to sell, possess, and consume under both the 2018 Farm Bill and state law. But that legality currently extends well beyond CBD oil:

The legislature tried to fix this — and failed. A bill that would have restricted hemp-derived THC sales to adults 21+, capped servings at 10mg THC, and limited most sales to liquor stores passed the Senate 27–11 in June 2026. The House then killed it 69–28, with both pro-industry Republicans and a full-ban faction voting it down for opposite reasons. The practical result: South Carolina currently has no age restriction, no licensing system, and no labeling requirements for intoxicating hemp products, and lawmakers are not expected to revisit it until a future session.

Enforcement is happening anyway. In late 2025, the SC Attorney General and SLED ran “Operation Ganjapreneur,” seizing over 30,000 pounds of hemp/THC product statewide and raiding numerous retailers — including shops near Clemson — on the theory that high-THCA flower is marijuana in disguise. Several stores have since closed. The legal framework is genuinely contradictory right now: the product can be sold over the counter and seized by police in the same month.

What’s Coming

• A federal provision tucked into the November 2025 government funding bill redefines hemp nationally, capping Total THC (not just Delta-9) at 0.3% and limiting consumable products to 0.4mg of THC per container. If it takes effect as scheduled on November 12, 2026, it would functionally ban most THCA flower, vapes, and full-spectrum edibles currently sold in SC.
• DUI-related hemp legislation (5+ ng/mL THC in blood as impaired driving) was part of the failed bill and could resurface.

North Carolina

Marijuana: Illegal, Partially Decriminalized, One Tribal Exception

Marijuana possession above 0.3% THC remains illegal statewide. Small-amount possession has been reduced to a lesser offense in practice, but it can still carry penalties — it is not the same as legalization. There is no comprehensive medical marijuana program; a narrow affirmative-defense law (the Epilepsy Alternative Treatment Act, 2014) lets intractable-epilepsy patients argue in court that they were using hemp extract with under 0.9% THC and at least 5% CBD — but there’s no registry or legal in-state supply.

The one real exception: on Eastern Band of Cherokee Indians (EBCI) tribal land, sovereign tribal law allows legal adult-use (21+) cannabis sales at the Great Smoky Cannabis Company, the state’s first dispensary. This does not apply anywhere off tribal land.

CBD & Hemp Products: Legal, Also Largely Unregulated

Hemp containing 0.3% THC or less is legal under NC’s Session Law 2022-32 (SB 455) and the 2018 Farm Bill. As of mid-2026, that still covers a wide range of products:

A state-level Advisory Council on Cannabis, created by Governor Josh Stein’s June 2025 executive order, released an interim report in April 2026 calling the current setup a “wild west” and recommending the state regulate THC by molecule and potency rather than by hemp-vs-marijuana origin. Final recommendations, including on broader adult-use legalization, are due by the end of 2026.

Age-restriction bill in progress. Senate Bill 59 would bar anyone under 21 from buying or possessing hemp-derived consumables (gummies, drinks) and kratom products, with fines from $500 to $1,500 for retailers who sell to minors. It cleared a House committee in June 2026, but Senate leader Phil Berger has signaled skepticism, saying he’d personally prefer banning the products outright. If it passes, it would take effect December 1, 2026. A separate, broader bill (HB 328) that would have banned THCA and Delta-8 outright and required $500 retailer licenses failed in April 2026 and is dead for this session.

What’s Coming

• Same federal Total-THC rule affecting SC is set to hit NC on November 12, 2026, capping products at 0.4mg THC per container — which would knock out most current CBD and THCA products as currently formulated.
• Importantly, North Carolina’s own hemp law (SB 455) doesn’t automatically adopt the federal standard, so a gap could open where products are legal under state law but illegal under federal law — similar to how marijuana is treated in legal-marijuana states.
• The Advisory Council’s final report (due December 2026) could shape a successor bill to HB 328 in the next session.

Side-by-Side

Sources: South Carolina Legislature Online (Bills H.3924, H.4758, H.4759), SC Daily Gazette, John Newkirk Law, North Carolina Session Law 2022-32, NC Advisory Council on Cannabis Interim Report (April 2026), WRAL, UNC School of Government Criminal Law Blog, Kaufman & Canoles. Current as of June 28, 2026 — verify before relying on this for legal or compliance decisions.