February 21, 2021 6 min read

Delta-8-THC, a hemp-derived psychoactive cannabinoid, is legal by federal standards. Is Delta-8-THC legal in South Carolina? And if so, where can you find it?

Thankfully, recent updates to South Carolina’s hemp laws made all hemp derivatives legal in the state. That means Delta-8 is legal and accessible in South Carolina.

Here’s how South Carolina’s Delta-8-THC break down:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
South Carolina Delta-8-THC Laws
Is Delta-8 a Controlled Substance in South Carolina?
Delta-8-THC Possession Limits in South Carolina
Is Delta-9-THC Legal in South Carolina?
Where to Buy Delta-8 in South Carolina
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • South Carolina specifically legalized hemp and all hemp derivatives. and made changes to state legislation to clarify the difference between “marijuana” and “hemp products.” Thanks to these updates, Delta-8-THC is legal in South Carolina.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You may be able to find it at a limited number of stores in South Carolina, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

Two examples of hemp flowers just before harvest, the primary component in legal Delta-8-THC production.

South Carolina Delta 8 THC Laws

Like federal law, South Carolina has legalized hemp and all of its derivatives, including cannabinoids, isomers, and other extracts.

The new state laws create separate definitions for “marijuana” and “hemp,” They also clarify that the term “marijuana” does not include hemp products where it is used in state legislation, including where “marijuana” is listed as a Controlled Substance.

South Carolina is positioned in a relatively hemp friendly area, where North Carolina, Georgia, and Tennessee all have similar Delta-8 laws.

Here are some relevant snippets from South Carolina’s Hemp Farming Act:

SOUTH CAROLINA HOUSE BILL 3449

Section 46-55-10.

(6) ‘Federally defined THC level for hemp’ means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. sec 5940, whichever is greater.

7 U.S.C. sec 5940

(2) Industrial hemp

The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(8) ‘Hemp’ or ‘industrial hemp’ means the plant Cannabis sativa L. and any part of that plant, including the non-sterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

(9) ‘Hemp products’ means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including non-sterilized hemp seeds, is not considered a hemp product.

(11) ‘Marijuana’ has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.

Is Delta-8 a Controlled Substance in South Carolina?

South Carolina does not directly mention Delta-8-THC by name in state legislation. “Marijuana” is listed as a Controlled Substance in the state. However, amendments to state law make a specific exception for “tetrahydrocannabinol in hemp or hemp products” under the legal definition for “marijuana.”

Therefore, no Delta-8-THC derived from legal hemp is not considered a Controlled Substance in South Carolina.

Delta 8 THC Possession Limits in South Carolina

South Carolina law does not define any possession limits for hemp-derived products, including Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in South Carolina?

No. Cannabis is prohibited for both medical and recreational use in the state. Possession of up to one ounce is punishable by a misdemeanor, which can carry up to 30 days in jail and a fine of up to $200. Possession of more than an ounce can be charged as “intention to distribute,” which carries much more serious charges.

Where to Buy Delta 8 in South Carolina?

Delta-8-THC vaporizers, a fast, portable dosing style available in most legal markets.

South Carolina allows hemp and hemp-derived products containing less than 0.3% Delta-9-THC to be manufactured and sold within the state. State regulation is currently limited, but you may be able to find Delta-8 products in a limited number of stores in South Carolina.

It’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in South Carolina?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in South Carolina according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “A14, R23, H3449” https://www.scstatehouse.gov/sess123_2019-2020/bills/3449.htm
  5. “Criminal Charges for Marijuana in South Carolina” https://www.deatonlaw.net/criminal-marijuana-south-carolina/

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