Yes, a person can be arrested for having a THC vape pen in South Carolina. Marijuana is a Schedule I controlled substance under state law, and the State’s list of Schedule I substances also names tetrahydrocannabinol (THC) (S.C. Code Ann. § 44-53-190). Hemp is treated differently. The state hemp chapter says “marijuana” does not include THC in hemp or hemp products as that chapter defines them, and it defines hemp by a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis (S.C. Code Ann. § 46-55-10). Whether a particular vape product is hemp or a controlled substance can turn on how it was made and how it tests.
Questions like “is THC legal in SC” or “are weed pens illegal” come up often. This page is general information, not legal advice. If you or a loved one has been caught with a THC vape, speak with a criminal defense attorney who handles South Carolina drug cases, and a licensed South Carolina attorney at the firm must review the facts of any case before anyone relies on this page.
What Is THC?
THC is marijuana’s primary psychoactive compound. According to the U.S. Food and Drug Administration, delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context, and the agency has raised concerns about labeling and about products that look like foods marketed to children.
Vaping THC typically involves inhaling THC vape oil or cannabis extracts using an electronic vaporizer. Because a vape cartridge is a concentrated product, how it is weighed, tested, and charged can change the penalty range, so a lawyer should look closely at the lab report.
In South Carolina, a THC vaporizer, vape oil, or edible can lead to misdemeanor or felony charges depending on the amount involved, how the product is classified, and whether prosecutors allege intent to distribute.
Overview of South Carolina’s Marijuana and THC Laws
Possessing marijuana in South Carolina, regardless of where it was purchased, can result in criminal charges. Related charges include:
- Possession of marijuana or other products that contain THC
- Possession of drug paraphernalia, which can include vape devices
- Possession with intent to distribute (PWID)
- Trafficking, which begins at 10 pounds of marijuana
Under South Carolina law, “marijuana” means all species or variety of the marijuana plant and all parts of it, the seeds, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin. The definition does not include mature stalks, fibers from those stalks, or oil or cake made from the seeds (S.C. Code Ann. § 44-53-110). A prosecutor may rely on that language when a case involves a vape cartridge or other extract.
Is Possession of a THC Vape Illegal in South Carolina?
It can be. South Carolina does not allow recreational marijuana, and marijuana is not legal because it was bought in another state. Under S.C. Code Ann. § 44-53-370(d)(5), a first offense for possessing 28 grams (one ounce) or less of marijuana, or 10 grams or less of hashish, is a misdemeanor punishable by up to 30 days in jail or a fine of $100 to $200. For a second or subsequent offense, it is a misdemeanor punishable by up to one year in jail or a fine of $200 to $1,000, or both. A person charged with that offense may be allowed to enter a pretrial intervention program, and a conditional discharge may be available with the circuit solicitor’s approval.
If the State charges a vape product as THC or another Schedule I substance rather than as marijuana or hashish, simple possession under S.C. Code Ann. § 44-53-370(d)(2) is a misdemeanor punishable by up to six months in jail, a fine of up to $1,000, or both on a first offense. How the State charges a particular product is a question for a lawyer.
If you are accused of possessing a vape cartridge or a small amount of cannabis, read about what happens if you get caught with a small amount of marijuana in SC.
Distribution and Sale of THC Vape Products in South Carolina
Distributing, selling, or possessing with intent to distribute a Schedule I substance that is not a narcotic drug or LSD is a felony under S.C. Code Ann. § 44-53-370(b)(2). A first offense is punishable by up to five years in prison, a fine of up to $5,000, or both. A second offense is punishable by up to ten years and $10,000, and a third or later offense by five to twenty years and up to $20,000.
Possessing more than 28 grams (one ounce) of marijuana or more than 10 grams of hashish is prima facie evidence of a violation of the distribution statute under § 44-53-370(d)(5). That does not make it an automatic conviction, and a lawyer can challenge it. Trafficking in marijuana begins at 10 pounds, and each trafficking tier carries a stated minimum prison term that the court may not suspend (S.C. Code Ann. § 44-53-370(e)(1)).
An adult who distributes a Schedule I through V substance that is not a narcotic to a person under 18 faces up to ten years in prison, a fine of up to $10,000, or both, which the statute labels a misdemeanor (S.C. Code Ann. § 44-53-440). Distributing, selling, or possessing with intent to distribute within one-half mile of a school, public playground or park, vocational school, or college is a separate felony punishable by up to ten years, a fine of up to $10,000, or both (S.C. Code Ann. § 44-53-445).
Learn More: Marijuana Trafficking Charges in SC
Delta-8, Delta-9, and Hemp-Derived THC in South Carolina
Many consumers ask, “Is Delta-8 legal in South Carolina?” or “Is Delta-9 legal in South Carolina?” Hemp was addressed in the [2018 Farm Bill](https://www.fs.usda.gov/managing-land/farm-bill#:~:text=Biomass%20Demonstration%20Projects.-,The%20Agriculture%20Improvement%20Act%20of%202018%20(the%202018%20Farm%20Bill,management%2C%20and%20other%20functions%20of), and South Carolina regulates hemp growers, handlers, and processors through its hemp chapter (S.C. Code Ann. § 46-55-20).
The South Carolina Attorney General reached a different conclusion about delta-8 in an October 2021 opinion. It concluded that a court would hold that the Hemp Farming Act does not legalize delta-8 THC or any other isomer of THC in itself, because THC and its isomers are listed in Schedule I unless specifically excepted (South Carolina Attorney General opinion dated October 4, 2021). An Attorney General opinion is not a court ruling. See our page on Delta-8 regulations in South Carolina for the current state and federal picture, including a federal change to the definition of hemp scheduled for November and December 2026.
Because of this uncertainty, individuals and retailers should not assume that Delta-8, THC gummies, or vape products are automatically legal in South Carolina.
Enforcement Against THC Product Sellers
In December 2025 the South Carolina Attorney General announced State Grand Jury indictments in Richland and Lexington counties from an investigation of distributors and wholesalers of certain THC products (South Carolina Attorney General news release, December 12, 2025). An indictment is an accusation, not a finding of guilt.
What Should I Do If I’ve Been Charged With Possession of a THC Vape in South Carolina?
If you are facing marijuana-related charges, it is important to act quickly. Do not try to explain the situation to law enforcement or assume a product’s legality will protect you.
A criminal defense lawyer can:
- Review the legality of the search and seizure
- Examine lab testing and the chain of custody
- Challenge improper charges
- Discuss options such as dismissal, a reduced charge, or alternative sentencing, though no lawyer can promise a particular result
Programs such as pretrial intervention may be available in some cases, but eligibility depends on the facts.
Speak With a South Carolina Criminal Defense Attorney
THC vape cases can have serious consequences for individuals and businesses. Whether you were arrested for possession or are a business owner dealing with a product seizure, a lawyer can review the charge, the testing, and the options available to you.
Contact Touma Law Group today at (864) 618-2323 for a confidential consultation.
Frequently Asked Questions About THC Vape Pens in South Carolina
Is THC legal in South Carolina?
Marijuana is not legal in South Carolina, and THC is listed in Schedule I (S.C. Code Ann. § 44-53-190). Hemp with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis is treated differently under the state hemp chapter (S.C. Code Ann. § 46-55-10).
Is delta-8 legal in South Carolina?
The law is unsettled. The state hemp statute does not name delta-8, and the Attorney General’s 2021 opinion concluded that the Hemp Farming Act does not legalize delta-8 THC in itself. No South Carolina statute settles the question, and a person can be arrested and charged even when they believed a product was legal hemp. See our page on Delta-8 regulations.
Is delta-9 legal in South Carolina?
Hemp with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis falls under the hemp definition (S.C. Code Ann. § 46-55-10). A product above that level is not hemp under the statute and may be treated as marijuana or THC.
Are THC gummies legal in South Carolina?
It depends on whether the product meets the hemp definition. A gummy that tests above the hemp limit, or that the State treats as a controlled substance, can lead to charges even if the seller believed it was lawful.
Why do THC product cases involve lab testing?
Whether a product is hemp or a controlled substance can depend on its test results, so lab methods and the chain of custody are often central to the defense. A lawyer can review those records.
