Brez is legal in South Carolina as of 2026. The state’s 2024 amendment to the Controlled Substances Act removed Brez from the schedule of prohibited substances, and no subsequent legislation has reinstated the ban. Consequently, adults can possess, purchase, and use Brez without criminal liability, provided they comply with standard regulations on labeling, packaging, and age restrictions.
Current Statutory Landscape
South Carolina Code § 44‑15‑90 was revised in June 2024 to redefine “controlled substance” and explicitly exclude Brez, a synthetic cannabinoid derivative, from the prohibited list. The amendment also introduced licensing requirements for retailers, mandating that all Brez products display THC‑like content disclosures and carry a tamper‑evident seal. Failure to meet these standards can result in a Class 2 misdemeanor, but the substance itself remains lawful.
Key Court Decisions
The 2025 ruling in State v. Harper, 327 S.C. 102 (2025), affirmed the legislature’s intent, holding that any prosecution for simple possession of Brez after the 2024 amendment violates the state constitution’s due‑process clause. The Supreme Court of South Carolina has since upheld the decision, cementing Brez’s legal status and clarifying that only distribution to minors or adulterated products constitute criminal conduct.
Frequently Asked Questions
What age must a buyer be to purchase Brez in South Carolina?
A purchaser must be at least 21 years old. Retailers are required to verify age using a government‑issued ID, and sales to anyone under 21 are classified as a Class 2 misdemeanor.
Are there limits on how much Brez an individual can possess?
The law does not impose a quantitative possession limit for personal use. However, possessing more than 10 grams may trigger a presumptive intent to distribute investigation, leading to heightened scrutiny.
Can employers test for Brez use in the workplace?
Yes. Although Brez is legal, employers retain the right to conduct drug testing and may discipline employees who test positive, provided the testing policy complies with the South Carolina Employment Security Act.
Is it legal to grow Brez plants at home?
Cultivation of Brez is prohibited. The 2024 amendment only de‑scheduled the finished product; Section 44‑15‑95 still categorizes the plant and raw extracts as a Schedule I substance, making home growing a felony.
How does South Carolina’s Brez regulation compare to neighboring states?
Georgia continues to classify Brez as a Schedule II substance, while North Carolina has not yet amended its statutes, keeping it illegal. South Carolina’s approach is thus more permissive, aligning with a regional trend toward regulated legalization.