Whether you live in the Charleston area or you’re traveling through, you’ll want to make sure that you’re aware of the regulations that are in place when it comes to buying cannabis from a legal Charleston dispensary. You’ll also want to know about the taxation that comes with purchasing weed, and if you qualify to purchase medical marijuana.
Medical Marijuana Patients May Qualify For Medical Marijuana
Currently, South Carolina does not allow the sale of medical marijuana. However, some states do permit doctors to certify patients for medical marijuana. In those states, the doctor must submit a written certification to the department stating the qualifying patient’s debilitating medical condition. The physician must also indicate the date of a follow-up appointment.
The medical marijuana program in South Carolina is governed by the Department of Health and Environmental Control (DHEC). The department is responsible for implementing laws passed by the state legislature. The department also conducts inspections of medical cannabis establishments.
Medical cannabis establishments must register with DHEC and pay the appropriate fees. These fees must cover the costs of regulating the establishment. Medical cannabis establishments must also keep records of compliance with this article. If an establishment is found to be in violation of this article, the establishment principal will be subject to civil penalties.
Patients who participate in assistance programs may be eligible for fee reductions. To qualify, the patient must be treated by a Connecticut-licensed physician, be in treatment for a debilitating medical condition, and possess a valid medical marijuana ID card.
The Legality Of Buying Cannabis In A Dispensary In Charleston
Whether you live in North Charleston or any other area of South Carolina, you may wonder: Are cannabis dispensaries legal? While the answer is yes, there are some restrictions.
In order to purchase recreational cannabis, you must be 21 years old or older, and present a valid ID. This can be a driver’s license, a state-issued ID, or a passport. You also cannot fly or ship the marijuana.
The only exception is CBD oil products. CBD does not have the psychoactive properties of THC. If you are buying CBD products from a dispensary, you are still subject to the Retailers’ Occupation Tax, the same as for other qualifying drugs.
In South Carolina, simple possession of marijuana is a misdemeanor, punishable by a fine of between $100 and $200. Possession with intent to distribute can be charged with a felony, punishable by up to five years in prison.
The law also restricts marijuana consumption in public places. You cannot consume marijuana while driving, in a school bus, or at any other location.
Regulations In Place At A Legal Charleston Dispensary
Currently, South Carolina does not have an adult-use legal marijuana program. However, it does have a medical cannabis program. Under this program, medical cannabis is regulated and sold by licensed dispensaries.
Medical cannabis can be used to treat a variety of conditions, including HIV, cancer, epilepsy, Parkinson’s, seizures, glaucoma, hepatitis C, and severe nausea. Medical cannabis in South Carolina is required to contain at least 0.9% THC.
Medical cannabis establishments are licensed and inspected by the department. In order to apply for a license, a prospective establishment must attend an appointment. The department may also perform random inspections of all medical cannabis establishments.
Medical cannabis establishments are required to issue identification cards. The cards must be issued at least once every ninety days. The card must identify the designated caregiver.
Medical cannabis establishments are also required to have security measures in place to prevent unauthorized entry to cannabis areas. Security measures should be designed to prevent theft of cannabis.
Taxes On Cannabis Sales In Charleston
Those operating a cannabis business in Charleston must know the tax laws that apply to the industry. This section of the Charleston County website provides an overview of the tax laws and offers information on key resources for cannabis businesses.
The tax on adult use cannabis infused products is calculated by multiplying the total sales price by a 7% tax rate. The tax is due the next business day.
Those who sell adult use cannabis must file a Form CC-1. Cultivators who sell medical cannabis must file a Schedule MC-1. Manufacturers and distributors do not have to collect a cultivation tax from cultivators.
Taxes on cannabis sales in Charleston are based on the original price of the product plus a retail excise tax and a THC content tax. The excise tax rate may be increased after July 1, 2025. If you fail to pay your taxes on time, you may be subject to penalties and interest.