South Carolina Legislature Kills THC DUI Bills as Session Ends

Session Ends With No Floor Vote

Both bills died in committee before reaching a floor vote when the Legislature adjourned July 10. House Bill 4182 proposed per-se THC limits for DUI prosecution. Senate Bill 891 sought to bar medical cannabis cardholders from driving within four hours of use. Neither advanced past subcommittee review. No roll-call votes were recorded on either measure.

DUI Enforcement Bill May Return in 2027

The Post and Courier editorial board stated the THC DUI enforcement measure can be reintroduced when lawmakers reconvene in January 2027. House Bill 4182 proposed a five-nanogram-per-milliliter blood THC threshold for impaired driving charges, mirroring Colorado's standard. The bill's sponsor, Representative Marcus Thompson of District 29, hasn't announced whether he'll refile the legislation. South Carolina currently prosecutes cannabis-impaired driving under general impairment statutes without a specific THC limit.

Medical Cannabis Driving Ban Faces Steeper Hurdle

Senate Bill 891's four-hour driving prohibition for medical cannabis patients drew opposition from patient advocacy groups and appears unlikely to be revived. Senator Karen Bright of District 12 introduced the bill. It would have required cardholders to wait four hours after any cannabis use before operating a vehicle, regardless of impairment. South Carolina's Compassionate Care Alliance testified against the measure in May 2026, arguing the restriction lacked scientific basis and would effectively bar many patients from employment. Senator Bright didn't respond to requests for comment on whether she plans to refile.

Current DUI Framework Remains Unchanged

South Carolina law enforcement continues to rely on field sobriety tests and officer testimony to prosecute cannabis DUI cases without a statutory THC threshold. The state's implied consent statute, Section 56-5-2950, authorizes blood draws for suspected impaired drivers but doesn't define a per-se limit for THC metabolites. Prosecutors must prove impairment through behavioral evidence rather than chemical test results alone—a standard that has survived legal challenges in State v. Henderson (2024) and State v. Ramirez (2025), both upholding convictions based on officer observations and standardized field tests.

Medical Cannabis Program Unaffected by Legislative Inaction

The South Carolina Compassionate Care Act, which launched the state's medical cannabis program in January 2025, contains no driving restrictions beyond general DUI prohibitions. The program currently serves approximately 18,000 registered patients according to Department of Health and Environmental Control data released June 2026. Qualifying conditions include cancer, multiple sclerosis, Crohn's disease, and PTSD. Patients may possess up to two ounces of cannabis flower or equivalent concentrate but face the same impaired driving penalties as recreational users under existing statute.

Advocacy Groups Claim Victory on Driving Ban Defeat

Patient advocates celebrated Senate Bill 891's failure. They called the four-hour rule arbitrary and discriminatory. Emily Navarro, executive director of the South Carolina Compassionate Care Alliance, said in a July 10 statement that the bill would have criminalized safe driving by patients with chronic conditions who use cannabis daily. She noted that THC metabolites can remain detectable in blood for days after psychoactive effects subside, making time-based restrictions scientifically unsound. The Alliance plans to monitor any 2027 refiling attempts and lobby against similar provisions.

Legislative Calendar Opens for 2027 Reintroduction

The 2027 legislative session begins January 14, with bill prefiling opening in early December 2026. Representative Thompson has until the session's first day to refile the THC DUI enforcement measure. South Carolina operates on a two-year legislative cycle, meaning bills introduced in odd-numbered years can carry over to the following even-numbered year, but 2026 bills don't automatically transfer to 2027. Any reintroduced measure will restart the committee process. For full background on this story, see the CannIntel topic hub on South Carolina Cannabis DUI Laws.