Is marijuana legal in S.C.?

Not to be blunt, but it's April 20, a.k.a. 420, which has become known as “weed day” throughout the U.S. It’s also a perfect time to look into S.C.’s marijuana laws.

And in our state, it's not legal recreationally nor medically. However, qualifying patients can be prescribed high-CBD, low-THC hemp oil by a doctor. Hemp oil (legalized in 2014) is derived from hemp, a plant in the same family as marijuana that contains less than 0.1 mg of THC (the ingredient that creates a high). But marijuana is definitely not legal in S.C.

The Compassionate Care Act, which is pushing for the legalization of medical marijuana, gave testimonies from medical experts + families of those suffering from chronic illness. The act was amended (to include more requirements for physicians and businesses that become licensed) + approved by S.C. Senate Medical Affairs Subcommittee in March. Yesterday, state legislators voted to approve a medical marijuana bill for consideration by the full S.C. House Medical, Military, Public and Municipal Affairs Committee, but not until the 2019 session.

Under the amended bill, our state would have one of the most heavily regulated programs in the country.

It’s estimated that 78% of South Carolinians support legalizing marijuana for medical use, but most believe in keeping it recreationally illegal. In South Carolina, being found in possession of one ounce or less (first offense) can result in 30 days incarceration or a maximum $200 fine. The max fine for sales/trafficking is $200,000 or 25 years in prison.

But if it’s illegal, then why is it still legal to purchase glass pieces from local smoke shops? 🤔 Technically, those pieces are meant to be used for smoking tobacco. Unless there is marijuana residue on it, it’s just considered a glass piece, not drug paraphernalia.

How do we compare to other states?

💨In Georgia, possessing an ounce or less of marijuana is considered a misdemeanor, with up to a year of imprisonment or a $1,000 fine. The city of Atlanta decriminalized the possession (of one ounce or less of marijuana) in January and now has a max fine of $75.

💨In North Carolina, possession of less than half an ounce of marijuana = $200 maximum fines + felony charges only apply once the defendant is found guilty of possession of at least 1.5 ounces. A new state bill is working to legalize it for medical use.

💨In Florida, the recreational use of marijuana is still illegal, but medical marijuana was legalized in 2016.

CBD Oil:
CBD stands for Cannabidiol, a compound derived from cannabis that is non-psychoactive or less psychoactive than THC (tetrahydrocannabinol, the psychoactive chemical in marijuana). CBD is extracted from CBD-rich or CBD-dominant strains of cannabis (as opposed to THC-rich or dominant) + contains no higher than 0.3 percent of THC if it’s derived from industrial hemp. Most recently, a panel of experts convened by the FDA voted 13-0 to approve Epidiolex– a pharmaceutical-grade form of CBD used to treat rare forms of epilepsy. While the FDA is not required to uphold the panel's decision, they typically follow suit. They are working on an expedited timeline, due to make a final decision on whether to approve the medicine by June 27.

Hemp:
Hemp is a distinct variety of Cannabis sativa that is the same species as marijuana but is not genetically or chemically similar to it. Hemp contains less than 0.3 percent THC. More on hemp here.

Now about that quiz...

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Police code for catching kids smoking marijuana, the numbers in Bob Dylan’s song multiplied, teatime in Holland– whatever you believe, here’s the true story of how 420 came to be.

What are your thoughts on the legalization of marijuana in S.C.? Let us know by replying to this email.

Rollin’ out,
– Justine, Multimedia Producer