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Is marijuana legal in South Carolina?

On Behalf of | Feb 21, 2017 | Criminal Defense |

No matter where you live, you can rarely turn on the news without hearing about new legislation being voted on to legalize the purchase and use marijuana in different states. Throughout the United States, 28 different states have passed laws that allow for some form of legal marijuana or medical cannabis usage.

In South Carolina, the fact remains that despite legislation introduced on the first day of the 2017 session, critically ill patients in the state are still breaking the law if they turn to medical cannabis. However, use of cannabidiol for specific medical conditions is legal.

Legislation regarding medical cannabis

The legislation introduced required that a patient must be dealing with certain ailments to legally obtain medical cannabis. Some of those are:

  • Glaucoma, cancer, HIV or AIDS, or any treatment for these conditions
  • Any debilitating or chronic condition that results in severe pain, nausea, cachexia, persistent muscle spasms or seizures that may be treated successfully with medical cannabis
  • Any other condition where a patient or a patient’s physician submitted a petition requesting treatment for a disease or medical condition with medical cannabis.

In addition, House Bill 3128 requested that military veterans who suffer from PTSD and were honorably discharged have access to medical marijuana in a limited amount. Industrial hemp farms were created starting in 2014, the same day that a law was passed allowing children to participate in research trials where medical cannabis was used. The bill also inspired the creation of a committee tasked with studying medical cannabis sales. Supporters of legalized marijuana saw this legislation as forward movement for those in need of access to medical cannabis.

Different laws for recreational marijuana usage

While some legislators are engaged in a battle to make access to medical cannabis possible for those who suffer from some medical conditions, recreational marijuana usage in the state still comes with penalties that vary based on whether the crime is possession, sale or trafficking of the drug. The laws regarding marijuana and its use in the Palmetto State are still a little unclear and murky, as lawmakers wade through research and information to determine what is harmful to citizens and what is critical for treatment of medical conditions and disorders.

As social attitudes change, so does the legality of using marijuana in a state, but for now South Carolina is fairly strict about enforcing marijuana laws. If you are facing drug charges regarding marijuana use in the state, you may benefit from speaking to attorney Adam Young immediately to discuss your rights.