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Thanks to the 2018 Farm Bill, hemp is federally legal, but each state decides how to regulate CBD. Is CBD legal in South Carolina?
Yes, CBD is legal in South Carolina, but the laws can be a bit unclear. While hemp flower and CBD oil are accessible, South Carolina CBD laws still impose certain restrictions.
Here's a breakdown of CBD in South Carolina to help you navigate the market.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in South Carolina?
Is full spectrum CBD legal in South Carolina?
Does South Carolina have a CBD possession limit?
Do you need a prescription for CBD in South Carolina?
Where to buy CBD in South Carolina?
Do you have to be 21 to buy CBD in South Carolina?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD 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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
South Carolina Governor Nikki Haley signed SB 1035 into law in 2015, a bill informally known as Julian’s Law. This bill was the first to introduce access to CBD in the state, but only for children with various qualifying conditions. The bill did set the stage for CBD for medicinal purposes in the state, specifying that oils must contain at least 98% CBD and no more than 0.9% THC. At the time, CBD distribution was also limited to one state university, the Medical University of South Carolina.
In 2017, the state expanded hemp access for a different reason--to diversify its agricultural commodities. In 2017, the state passed H3559, a bill that laid groundwork for the Industrial Hemp Pilot Program in the state. Many cannabis-friendly states, like Colorado, Washington, and Oregon, began hemp production in the state with similar programs. This bill also designated the South Carolina Department of Agriculture as authority, permitting them to hand out a limited number of growing licenses each year.
After the 2018 Farm Bill became federal law, South Carolina acted to expand access to hemp once again. Governor Henry D McMaster signed the South Carolina Hemp Farming Act, a bill that removed some of the restrictions laid out by the pilot program. Under the new law, more growing licenses could be approved, and farmers could grow more acreage of hemp at a time.
At this point, however, the state had still made new mention of CBD and their stance on CBD production was entirely unclear.
In 2019, the South Carolina Department of Agriculture released a statement that exclaimed that CBD, on its own, is legal in the state. However, CBD added to any food products, either for humans or animals, is prohibited. This is in line with the FDA's current ruling on CBD as a food additive, and many other states (see Minnesota, California, and New Hampshire) have taken this same stance.
The original statement seems to have been retracted, and the state's department of agriculture later released a "quick guide" document to further explain how hemp can and cannot be used.
The document specifies that "full spectrum" hemp material can be used in consumable goods so long as the product is not marketed with any health claims and contains less than 0.3% THC.
All in all, CBD products are legal and accessible across the state, and there are currently no penalties for consumer possession of legally-sourced hemp CBD products.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. South Carolina has no laws restricting CBD with less than 0.3% THC, and even mentions “full spectrum" hemp material as a legal additive for products.
There are no defined CBD possession limits in South Carolina. Products that contain more than 0.3% THC are considered cannabis products, which are illegal and subject to harsh penalty in the state.
There is no need for a prescription to access CBD products in South Carolina. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
South Carolina has relaxed hemp laws, and you may be able to find many different types of CBD products in stores across the state. Although South Carolina does impose some quality and labelling regulations, most of the focus is on the THC content of products or the way they are marketed. In other words, the state doesn't necessarily regulate quality and you should be cautious when buying CBD from local stores.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
In South Carolina, there are no specific age requirements for purchasing CBD, although products like smokable hemp flower or CBD vaporizers may not be suitable for all ages.
While the legal age for buying CBD is generally determined by vendors, many follow the federal tobacco age limit of 21. However, some online CBD brands allow customers 18 or older to buy and have legal CBD products shipped to South Carolina.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in South Carolina, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
In South Carolina, all CBD products derived from hemp containing less than 0.3% THC are legal. This includes CBD oil, hemp flower, and other consumable CBD products as long as they meet these requirements and do not make health claims. However, CBD in food or beverages is restricted under South Carolina CBD laws.
Yes, Delta-9 gummies are legal in South Carolina if they are made from hemp and contain less than 0.3% Delta-9 THC by dry weight. Gummies that exceed this limit are considered illegal.
CBD is federally legal under the 2018 Farm Bill, but states like Idaho, Nebraska, and South Dakota have stricter regulations or bans on CBD products. South Carolina has embraced legal CBD, with regulations in place.
Yes, Delta-8 is illegal in South Carolina. The state has banned Delta-8 THC products, even if they are derived from hemp, due to concerns over their psychoactive effects.
Delta-9 THC is the primary psychoactive compound found in cannabis, while Delta-8 THC is a milder, less potent version derived from hemp. Both can produce similar effects, but Delta-8 is less intense and legal in some states where Delta-9 is restricted.
Yes, you can fail a drug test for Delta-8 in South Carolina. Delta-8 THC can show up as Delta-9 THC in drug tests, which could result in a positive test for marijuana, even though Delta-8 is a different compound.
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