Is Delta 8 THC Legal in South Carolina?

Legality of buying Delta 8 THC in South Carolina

View all Delta 8 THC Legal States Information

Delta 8 THC is a new type of industrial hemp product known for its similar psychoactive effects of adult cannabis without actually containing Delta 9 THC beyond the federal .3% limit. This means Delta 8 can be sold in most states, but it also means you need to know what your state laws are regarding this product. In South Carolina, for example, Delta 8 is legal and can be sold or bought within state lines.

Yes, Delta 8 THC is legal in the State of South Carolina.

In South Carolina, Delta 8 is allowed. Delta-8 laws in South Carolina are favorable for hemp enthusiasts as Delta-8 content is currently not a concern for regulation in the state.

The psychoactive cannabinoid in hemp is having a moment with its growing popularity everywhere from Greenville, the lowcountry and even upstate. With industrial hemp derivatives legal in the state, it's having many people including law enforcement officers confront many of the confusing questions regarding it's legal status. As the Delta-8 THC experts, we want to shed some light on the current situation and help you navigate without risking legal trouble. To do so, we'll explore current law. Before we do, let's discuss more about Delta-8 THC and the growing hemp market.

In 2018, the president signed the Farm Bill which effectively allowed commercial sale of federally legal hemp. The passage of this bill transformed the hemp plant from a controlled substance to an agricultural commodity.

The Farm Bill did, however, have some stipulations pertaining to the Delta-9 content THC level, though. Along with limits for hemp and how it would be overseen at the federal-level, it also ushered in a specific testing limit for monitoring specifically the delta-9 tetrahydrocannabinol concentration. According to the Farm Bill, in order to be considered legal hemp, the item for sale must not exceed the .3% delta-9 THC concentration as measured on a dry weight basis.

However, as you've recently learned, Delta-9 THC isn't the only psychoactive tetrahydrocannabinol in hemp. As one of the isomers of hemp, Delta-8 effects have also been found to provide a similar "high" experience to that of Delta-9 THC.

Since the federal law doesn't state anything regarding the Delta-8 THC concentration for hemp, we have to further investigate state law: to see what it says about regulating this level for hemp. With no additional exceptions for Delta-8 THC found at the state-level, it makes South Carolina a hemp friendly state to partake.

Current South Carolina Delta-8 Legislation

Hemp and all of its derivatives, including cannabinoids, isomers, and other extracts are now legal in South Carolina. Since the Hemp Farming Act was signed into law by the Governor on March 28, 2019, industrial hemp-derived products are treated differently with the exemption of hemp from that of marijuana in the state.

According to the Act, it defines the following:

'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. SECTION 5940, whichever is greater.

Additionally, it provides the following definitions:

'THC' means tetrahydrocannabinol.

'Marijuana' has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.

Due to the wording of the Act, tetrahydrocannabinols derived from industrial hemp are legal in the state, as long as the Delta-9 THC level of Delta-8 THC products do not exceed the .3% Delta-9 THC limit imposed by the federal government. The South Carolina Code of Laws have also been updated to reflect these changes made from lawmakers.

South Carolina Industrial Hemp Act

In 2014, the Governor signed into law Bill 839 which effectively provided a path to grow industrial hemp along with amending the state's list of controlled substances in order to make it lawful to grow the new agricultural crop within state borders.

In Section 46-55-30 of the Act, it states:

Industrial hemp is excluded from the definition of marijuana...

With the Hemp Act, it provided locals the pathway to grow and cultivate hemp according to state guidelines. Today, the state's Hemp Farming Program is active, and monitored by the South Carolina Department of Agriculture.

List of controlled substances

South Carolina does not have its own regulations for Delta-8-THC. In the state's list of controlled substances, it lists marijuana as a Schedule I drug, but under state law amendments (listed above), hemp derivatives are explicitly excluded from the definition of growing and manufacturing marijuana. Delta-8-THC is not listed as a Controlled Substance in the state.

Buying and Shipping Delta 8 in South Carolina

Since Delta 8 is legal in South Carolina, residents can buy industrial hemp products at affordable prices with a shipping address located in the state. The purchase of hemp derivatives, including Delta 8 Hemp Flower, can be purchased at retail prices or even wholesale prices with a Delta-8 distributor account in the state of South Carolina.

Border States to South Carolina:

North Carolina and Georgia 

Advocacy Groups in South Carolina Supporting Delta 8 and Hemp Laws

South Carolinians are continuously showing support of Delta 8 and pushing progress towards better Hemp Laws in the state. Check out some of the standout organizations in South Carolina:

South Carolina Cannabis Association

South Carolina Compassionate Care Alliance

News stories covering raids or busts on Delta 8 Products and stores in South Carolina

3/31/2021

Delta-8 THC confusion snags South Carolina retailer

 

3/25/2021

Delta-8 is the newest cannabis product to emerge in the Midlands

 

3/24/2021

Delta-8-THC may prove tricky for police as popularity grows

Upstate police seize Delta 8 THC products from vape shop, owner argues they’re legal

Police seize THC products from S.C. vape shop, owner argues they’re legal

3/23/2021

Clinton police seize THC products from vape shop, owner argues they're legal

 

3/22/2021

What is Delta 8? The legal hemp product giving people a ‘light high’ in SC

 

2/19/2021

South Carolina labs clogged

 

2/18/2021

Some leave South Carolina for better access to medical marijuana



1/2/2021

South Carolina farmers can apply now to grow hemp for 2021 season

 

12/31/2020

Farmers in South Carolina can apply to grow hemp starting January 1

 

12/30/2020

SC Department of Agriculture accepting applications for hemp farming permits

 

12/5/2020

Canabis Oil Facility Built in South Carolina Town