South Carolina state laws and regulations regarding drug testing and substance abuse control
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South Carolina Drug Testing Laws and Regulations

State: South Carolina
Statute of Order: S.C. Code §38-73-500,§41-1-15
Covered Employers: All employers.
Applicant Testing: Applicant testing is not subject to restriction.
Employee Testing: Testing authorized, including random testing, with follow-up tests within 30 minutes of initial test.
Conditions & Methods: Positive test results in writing to employee within 24 hours. Written notification of testing program when implemented or upon hire.
Important Bulletpoints:
  • Acts attempting to adulterate or defraud drug screening tests is considered a misdemeanor on the first offense, punishable by a fine of not more than five thousand dollars and/or imprisonment of up to three years. Subsequent offenses are considered acts of felony punishable by a fine of not more than ten thousand dollars and/or imprisonment of up to five years.
  • Through South Carolina’s Drug Dealer Liability Act, the employer of an individual user may seek remedy to bring action for economic and non-economic damages against the person or persons who directly sold or furnished or otherwise participated in the marketing of an illegal controlled substance to the individual user under the employ of the employer.
  • Employers may avail of a credit of at least 5% on workers’ compensation insurance premium for qualified and certified employer drug or alcohol abuse prevention programs in the workplace. The required program components include a compliant policy statement, notification of the policy to all employees and prospective employees, and confidentiality of matters pertaining to an employee’s participation in the program.
  • The testing procedure to be adopted by the employer must include provisions for random sampling and conducting a second test to be administered within 30 minutes of the first test.
  • Refusal to test or evidence of intoxication from alcohol or controlled substances may constitute misconduct resulting in the denial of workers’ compensation and unemployment benefits.
  • Medical Marijuana Law:

    The state of South Carolina has applied restrictive high-cannabidiol (CBD) oil, limited low tetrahydrocannabinol (THC) medical cannabis law. Qualified patients have to present written certification from licensed medical doctors to legally avail CBD oil. The law states that the CBD oil must be composed of at least 15% CBD and 0.9% THC. Qualified patients can get the CBD oil from the Medical University of South Carolina.

    South Carolina is one of the remaining U.S. states that has not legislated medical marijuana laws. A group of lawmakers have proposed medical marijuana laws in the state but this proposal was crushed after a subcommittee win. South Carolina senators Peter McCoy and Tom Davis are spearheading the passing of the compassionate bill in the 2017 legislative session. Advocates are hard at work to see to it that access to medical marijuana by seriously ill patients would push through.

    Qualifying Medical Conditions

    • Lennox-Gastaut Syndrome

    • Refractory epilepsy

    • Dravet Syndrome


    • The patient's condition must be seriously debilitating.

    • The patient is under the care of a licensed medical doctor, and recommended to use CBD oil for palliative or therapeutic purposes.

    Recreational Marijuana Law

    The state of South Carolina has yet to legalize medical marijuana before even considering legalizing recreational marijuana. However, South Carolina lawmakers are starting to realize that it's time to reform the state's criminal penalties for marijuana possession to free up the necessary time and money to go after violent criminals who cause true havoc in our communities. Rep. Mike Pitts introduced H. 3117, which would have made possession of one ounce or less punishable by a civil fine of $100-200 and would not carry an arrest.


    • The state of South Carolina only allows conditional release or alternative sentencing for first-time offenders.

    Effects on Workplace Drug Testing

    South Carolina has its own legislature regarding drug testing for employees to satisfy the requirements of a drug-free workplace program. The state allows employers who adopt such program to file for discounts relating to their companies' insurance premiums' on their worker's compensation. To avail of the discount, employers are to strictly adhere to the rules mandated by the state of South Carolina. In this regard, drug testing is required.


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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.


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