South Carolina Marijuana Laws & Considerations

South Carolina maintains laws where marijuana is illegal. A drug testing friendly state, South Carolina offers incentives to employers implementing comprehensive drug free workplace programs. The law allows some limited use of CBD products for some specific conditions and for which the patient has a doctor’s written certification.

Medical Marijuana

Recreational Marijuana

Employer Concerns – Significant to Review

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.

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.
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

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

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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