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Marijuana Considerations & Laws In South Carolina

Medical Marijuana Law:

Recreational Marijuana Law:

No Broad Laws Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.


Read more employment specific information on:

Employer Concerns

  • It is illegal to use cannabis in South Carolina except for FDA-approved CBD products which contain less than 0.9% THC and more than 15% cannabidiol to treat specific conditions and for which the patient has a doctor’s written certification. These products are not easily available.
  • South Carolina has a voluntary drug testing law that, although not required, if an employer elects to comply, they will qualify for a workers’ compensation premium discount.
  • South Carolina has unemployment compensation voluntary laws with drug testing requirements that, although not required, with compliance, an employer has greater latitude to deny claims.

Testing

  • Under South Carolina’s unemployment law, if an employee‘s drug test is positive for an illegal drug or a drug for which the employee has no prescription, he or she will not qualify for unemployment benefits.

Hiring/Termination


Discipline


Use/Possession


Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • It is illegal in South Carolina for an individual to drive a vehicle while under the influence of any drug which causes impairment to the person’s faculties.
  • South Carolina has unemployment compensation voluntary laws with drug testing requirements that, although not required, with compliance, an employer has greater latitude to deny claims.

Miscellaneous


Sources (e.g. Bill Number, Authority)

  • Julian’s Law S 1035 – CBD related
  • South Carolina Code Ann. 41-1-15 – Drug testing related
  • South Carolina Code Ann. 38-73-500 – Drug testing related
  • South Carolina Code Ann. 41-35-120 – Unemployment related
  • South Carolina Code Ann. 42-9-60 – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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