Cannabis & Marijuana Rental Rules in South Carolina 2026
Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in South Carolina.
South Carolina is one of the strictest cannabis states in the country, and that works in a landlord's favor. As of 2026 the state has no recreational program and no operational medical marijuana program. Possession of any usable amount of marijuana remains a crime under S.C. Code Ann. Section 44-53-370. Because the substance is illegal statewide, you do not face the split-authority problem that landlords in legal-cannabis states wrestle with: there is no state-created tenant right to use, grow, or possess marijuana that could override your lease.
That said, the practical questions still come up, especially around smoking, cultivation, and tenants who hold federal Housing Choice Vouchers. This page covers where the line sits and how to write a lease that holds it.
South Carolina Cannabis Legal Status
South Carolina is classified as Low-THC / CBD Only (effective 2014). The governing statute is S.C. Code § 44-53-1810 (Julian's Law, 2014).
Landlord Authority in South Carolina
CBD ≤0.9% THC for severe epilepsy only. Recreational marijuana illegal; possession of ≤1 oz is misdemeanor.
Cannabis is illegal in South Carolina, period
South Carolina has not legalized marijuana for either recreational or medical use. The only narrow carve-out is low-THC CBD oil under Julian's Law, limited to products with no more than 0.3% THC and at least 15% CBD, prescribed for severe epilepsy. That exception does not create any tenant right to smoke, grow, or store marijuana on your property.
Simple possession is prosecuted under S.C. Code Ann. Section 44-53-370. A first offense involving 28 grams (one ounce) or less is a misdemeanor punishable by up to 30 days in jail and a fine of $100 to $200. A second or subsequent offense carries up to one year in jail and a fine of $200 to $1,000. Possession of more than 28 grams is prima facie evidence of intent to distribute, which is a far more serious charge. Because use itself is a crime, marijuana activity on the premises is straightforwardly a lease violation and, in many cases, criminal conduct you can act on.
Your authority to ban smoking and cultivation
South Carolina places no restriction on a landlord's right to prohibit smoking of any kind. You may ban all smoking, including tobacco, vaping, and cannabis, as a term of the lease, and enforce it as an ordinary contract covenant under the South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. Sections 27-40-10 et seq.). There is no medical-use accommodation the state forces you to make, because the state recognizes no lawful medical use.
Cultivation is even clearer. Growing marijuana plants is illegal under state law regardless of quantity or purpose, so a no-cultivation position needs no special lease language to be lawful, though spelling it out removes any argument. You are entitled to prohibit indoor grows outright, which also protects you from the moisture, electrical load, and mold problems that hidden grow operations create.
Lease clauses that hold up in SC
Even though state law already does most of the work, a clear lease makes enforcement faster and cleaner. Strong South Carolina leases typically combine three provisions:
- A drug-free / illegal-activity clause stating that any violation of state or federal controlled-substance law on the premises is a material breach. Because marijuana is illegal under both, this captures all cannabis use.
- A no-smoking clause covering tobacco, vaping, and any combustible or vaporized substance in the unit and on the grounds, tied to a specific remedy.
- A no-cultivation clause barring the growing or processing of any plant matter for controlled substances.
Enforcement runs through the noncompliance path in S.C. Code Ann. Section 27-40-710, which generally requires a 14-day notice to cure or quit for lease breaches. Conduct that is itself illegal can support quicker action, but documenting the violation (photos, odor complaints, police reports) is what wins in magistrate court.
Section 8 and federally assisted housing: the federal rule controls
If you rent to a Housing Choice Voucher (Section 8) tenant or operate project-based assisted housing, federal law governs and it is stricter than most state rules. Marijuana is still a Schedule I controlled substance under the federal Controlled Substances Act. The Quality Housing and Work Responsibility Act of 1998 (QHWRA) requires public housing authorities to deny admission to current users of federally illegal drugs.
HUD's guidance on Use of Marijuana in Multifamily Assisted Properties is direct: owners must deny admission to current marijuana users, while eviction of an existing tenant for use is left to the owner's discretion. The federal one-strike and no-fault rules let you pursue eviction for drug activity by a household member or guest, even if the leaseholder was unaware. In South Carolina this federal layer rarely conflicts with anything, because the state already treats marijuana as illegal, so there is no state protection a tenant could invoke against you.
What could change: the Compassionate Care Act
Landlords should watch, but not yet plan around, the South Carolina Compassionate Care Act. Senate Bill 53, sponsored by Sen. Tom Davis, would create a licensed, regulated medical cannabis market. A prior version passed the Senate 24-19 in February 2024 before dying in a House committee. The bill remained pending in the 2025-2026 session, but the General Assembly recessed on May 14, 2026 without holding a hearing on any cannabis legislation, so nothing has changed.
Notably, even the proposed bill would exclude smoking as a permitted method of use and would prohibit home cultivation. That means that if a medical program ever passes in a form resembling S. 53, your ability to ban smoking and grows inside a unit would likely survive intact. Public support is strong (a March 2024 Mason-Dixon poll put backing at 83% of registered voters), so reform pressure is real, but for now SC landlords operate under full prohibition.
Medical Patient Housing Rules in South Carolina
Medical cannabis patients in South Carolina may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.
Section 8 / HCV in South Carolina, The Federal Trap
The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in South Carolina, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.
Cannabis Rental Compliance in Major South Carolina Cities
City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest South Carolina rental markets:
Sources & Methodology
- Federal: 21 U.S.C. § 812 (Controlled Substances Act, Schedule I); HUD Public Housing Occupancy Notice PIH 2014-21 (re-issued PIH 2017-13); Sessions Memorandum (Jan 4, 2018).
- South Carolina cannabis statute: S.C. Code § 44-53-1810 (Julian's Law, 2014).
- Landlord ban authority: CBD ≤0.9% THC for severe epilepsy only. Recreational marijuana illegal; possession of ≤1 oz is misdemeanor.
- Medical patient housing protection: Coded "No" for South Carolina based on the cited statute.
Related Guides for South Carolina Landlords
This guide reflects South Carolina statutory law as of 2026, including S.C. Code Ann. Section 44-53-370 (controlled-substance penalties) and the South Carolina Residential Landlord and Tenant Act (Sections 27-40-10 et seq.), together with federal HUD and Controlled Substances Act requirements for assisted housing. Cannabis law and pending legislation such as Senate Bill 53 can change; confirm current statutes and consult a South Carolina attorney before acting on a specific tenancy. This is general information, not legal advice.
Frequently Asked Questions
Can a South Carolina landlord evict a tenant for using marijuana?
Yes. Marijuana use and possession are illegal under S.C. Code Ann. Section 44-53-370, so cannabis activity on the premises is both a crime and, under a standard drug-free lease clause, a material breach. Enforcement typically runs through the 14-day noncompliance notice under Section 27-40-710, backed by documentation such as odor complaints or a police report.
Is medical marijuana legal in South Carolina?
No. South Carolina has no operational medical marijuana program as of 2026. The only exception is low-THC CBD oil (no more than 0.3% THC, at least 15% CBD) for severe epilepsy under Julian's Law, which gives tenants no right to smoke, grow, or store marijuana.
Can I ban all smoking, including cannabis, in my SC rentals?
Yes. South Carolina places no limit on a landlord's right to prohibit smoking. You can ban tobacco, vaping, and cannabis by lease and enforce it as an ordinary covenant under the SC Residential Landlord and Tenant Act. Because the state recognizes no lawful medical use, there is no accommodation you are required to make.
Do Section 8 tenants have any right to use cannabis?
No. Marijuana is a Schedule I drug under the federal Controlled Substances Act. Under the Quality Housing and Work Responsibility Act, housing authorities must deny admission to current users, and HUD guidance requires owners to deny admission to marijuana users while leaving eviction of existing tenants to the owner's discretion. Federal one-strike and no-fault rules also allow eviction for drug activity by a household member or guest.
What are the penalties for marijuana possession in South Carolina?
Under S.C. Code Ann. Section 44-53-370, a first offense for 28 grams (one ounce) or less is a misdemeanor with up to 30 days in jail and a $100 to $200 fine. A second or subsequent offense carries up to one year in jail and a $200 to $1,000 fine. Possession of more than 28 grams is treated as prima facie evidence of intent to distribute.
Should my lease still mention cannabis if it is already illegal in SC?
Yes. State illegality does most of the work, but an explicit drug-free / illegal-activity clause, a no-smoking clause, and a no-cultivation clause make enforcement faster and remove any ambiguity in magistrate court. They also make clear the specific remedy you intend to use if a violation occurs.
Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: S.C. Code § 44-53-1810 (Julian's Law, 2014). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed South Carolina attorney before making a lease, screening, or eviction decision involving cannabis.