South Carolina GOP Attorney General Candidates Clash on Medical Marijuana

Primary Candidates Split on Medical Cannabis Enforcement

The Republican primary debate revealed opposing views on how the state's top law enforcement official should approach cannabis policy if medical marijuana becomes legal. The exchange occurred less than two weeks before the June 10 primary, according to debate footage reviewed by CannIntel.

One candidate backed strict enforcement of any medical marijuana framework passed by the legislature. The opposing candidate emphasized prosecutorial discretion and resource allocation toward violent crime. Neither campaign provided written policy positions on cannabis enforcement by press time.

Hemp Industry Regulation Emerges as Flashpoint

Candidates also diverged on enforcement of South Carolina's existing hemp laws, particularly regarding delta-8 THC and other hemp-derived cannabinoids. South Carolina legalized industrial hemp cultivation in 2019 under the federal Farm Bill framework, but the state has struggled with regulation of intoxicating hemp products sold in gas stations and smoke shops.

The debate highlighted tension between state and federal hemp definitions. Federal law permits hemp with up to 0.3% delta-9 THC, but South Carolina hasn't enacted comprehensive regulations for delta-8, delta-10, or THCA products derived from compliant hemp.

Key enforcement questions raised:

• Whether the attorney general's office should pursue criminal charges against retailers selling intoxicating hemp products
• How to allocate limited law enforcement resources between hemp enforcement and other priorities
• Whether existing controlled substance statutes apply to novel hemp-derived cannabinoids

Medical Marijuana Bill Advances as Political Backdrop

The debate occurred as South Carolina's Senate is poised to vote on the Compassionate Care Act, which would legalize medical marijuana for patients with qualifying conditions. The bill passed the state House in February 2026. It cleared the Senate Medical Affairs Committee in April.

If enacted, the law would create a vertically integrated licensing system with up to 15 cultivators, 30 processors, and 60 dispensaries statewide. The attorney general's office would have no direct regulatory authority over the program — that responsibility falls to the Department of Health and Environmental Control — but would retain prosecutorial discretion over violations.

For full background on this legislative fight, see the CannIntel topic hub on South Carolina medical marijuana.

Attorney General Role in Cannabis Enforcement

South Carolina's attorney general doesn't set cannabis policy but wields significant influence through prosecution decisions, legal opinions, and coordination with local solicitors. The office issues formal opinions interpreting state statutes, which carry persuasive weight in court even though they aren't binding law.

Recent examples of attorney general involvement in cannabis policy:

• A 2024 opinion stating that delta-8 THC products may violate the state's analog drug statute
• Coordination with the South Carolina Law Enforcement Division on hemp product testing protocols
• Amicus briefs in federal cases challenging the DEA's marijuana scheduling authority

The next attorney general will take office in January 2027, potentially months after a medical marijuana program launches if the Compassionate Care Act passes this session.