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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?
South Carolina’s hemp laws seemed to make all hemp derivatives legal in the state. The overwhelming opinion has always been that Delta-8 is legal in South Carolina, but a nonbinding letter from the states Attorney General has complicated the issue. We believe that Delta-8 may be legal in South Carolina, but the state may soon move to ban Delta-8 products.
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
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.
However, the state's Attorney General released a letter on October 4th of 2021 that states that it is the opinion of the South Carolina Law Enforcement Division that the Hemp Farming Act does not apply to Delta-8-THC or any other THC variant. However, the letter more specifically addresses "possession with the intent to distribute," and lends final determination of Dleta-8 legality to local law enforcement on a case by case basis.
In other words, Delta-8 may be legal in the state, but it is likely illegal to sell or distribute Delta-8-THC products. There have been various reports of law enforcement raids resulting in Delta-8 products being removed from shelves. Until the law is updated to better clarify this situation, we believe that it is legal to posses, but not sell, Delta-8-THC products in South Carolina.
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.
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.
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.
South Carolina laws may allow Delta-8 to be sold in the state, but the political atmosphere is shaky and law enforcement have begun cracking down on local Delta-8 sales. Still, consumers are buying Dleta-8-THC products online from 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 Vida Optima, 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.
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.
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.
Delta-8 THC may be legal to buy in South Carolina, but the state has issued warning letters to distributors, making Delta-8 less accessible in the state.
Delta-8 THC is banned in several states, including Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington.
Yes, you can fly with Delta-8 THC, provided it is legal in both the departure and destination states and the product meets federal guidelines (Delta-9 THC content of less than 0.3%).
Marijuana is not legal in South Carolina. However, Delta-9 THC is legal in South Carolina if derived from hemp and contains no more than 0.3% Delta-9 THC on a dry weight basis.
South Carolina has legalized and regulates hemp products, including Delta-8 and Delta-9 THC, as long as they adhere to the federal limit of 0.3% Delta-9 THC.
You can find more information about the regulation of hemp products in South Carolina on the South Carolina Department of Agriculture's website.
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