According to Weedmaps, Marijuana possession has yet to be decriminalized in the state of South Carolina, and there are absolutely no laws allowing for recreational or medical marijuana or marijuana-derived products. This means that anybody caught buying, selling, or possessing any amount of cannabis in the state will be facing some serious charges. There have been many attempts in updating the state’s laws on medical cannabis and derivatives; however, none of them have been successful as of yet. In 2014, marijuana-derived CBD became legal for medicinal consumption if the patient has a severe seizure disorder and a doctor’s recommendation.
CBD products derived from industrial hemp were illegal according to the state’s laws up until 2014 when S. 839 was passed, allowing industrial hemp to be cultivated in the state for medical use. It wasn’t until 2017 that state laws were defined and expanded on, allowing for the personal use of industrial hemp and hemp-derived products. The recreational and medicinal use of hemp-derived CBD is completely legal in SC and has been since 2017. Since then, many areas of South Carolina has seen an explosion of CBD specialty shops, with cities such as Charleston and Greenville seeing shops opening to take advantage of the more progressive stance the Palmetto State adopted.
South Carolina CBD Laws
Before the enactment of HB 3449 in March 28, 2019, the cultivation of hemp was strictly limited in South Carolina. Indeed, the South Carolina Department of Agriculture (“SCDA”), which oversees the production of hemp, could only issue licenses to 40 applicants who were each limited to growing no more than 40 acres of hemp.
In addition to expanding the total number of licenses available and the number of acres that could be cultivated, the new law also gave SCDA regulatory authority over “hemp products”, defined as:
"..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.”
Yet, HB 3449 provides that
“ [t] he provisions contained in this chapter do not apply to the possession, handling, transport, or sale of products and extracts, including those containing hemp-derived cannabinoids, including CBD” and further specifies that “ [n] othing in this chapter authorizes any person to violate any federal or state law or regulation.”
Therefore, this statutory language suggests that the sale of Hemp CBD products is only allowed if authorized by relevant federal agencies, including the Food and Drug Administration, which regulates the sale and marketing of certain categories of Hemp CBD products (i.e., foods, dietary supplements, cosmetics and tobacco products).
This interpretation of the statutory language was supported in February 2019 when in a news release, the SCDA declared that it follows FDA guidelines, and thus, treats the sale of Hemp CBD foods as unlawful. Nevertheless, the SCDA’s Quick Guide to Hemp Products in Human Food states that approved hemp food ingredients include “full spectrum” ingredients if:
- it contains the naturally occurring array of phytonutrients found in hemp (which include naturally occurring CBD);
- it does not include health claims; and
- it does not bear any sort of declaration of CBD.
The sale and marketing of cosmetics is neither allowed nor restricted in the state. However, given the state’s deference to the FDA guidelines, the sale of these products seems lawful so long as these products:
- do not contain more than 0.3% THC;
- are not adulterated (e., unsafe) or misbranded;
- are not intended to be used as drugs; and
- do not contain labels or promotional materials that contain claims regarding diseases or bodily structure/function.
In July 2019, Rhode Island expanded its hemp program, explicitly authorizing the sale of hemp-derived consumable CBD products. These products include concentrates, extracts, and CBD-infused foods. Hemp CBD products can be sold at retail and commercially traded in licensed retail stores. The new law requires handlers, distributors, and retailers to be licensed and prohibits the sale of consumable CBD products to those under 21 years of age.
The Rhode Island Department of Business Regulation (DBR) has additional specific requirements regarding the sale of CBD in food and beverages. Any hemp-derived product intended for consumption must be handled and distributed following state and local food regulations. The DBR is currently creating further regulations for retailers.
CBD products must be packaged in a food-safe manner that includes seed-to-sale tracking information and a warning that the product is not FDA approved. Labels must also explain the extraction method, solvents used, and list product weight along with the quantity of THC, CBD, and other compounds from the test results. Following FDA guidelines, Rhode Island law states that CBD packaging can't make therapeutic claims.
CBD products derived from marijuana are legal, but currently only available to eligible medical marijuana patients.
Is Hemp Legal in South Carolina?
Yes it is, you can see the laws here
Is CBD Oil Legal in South Carolina?
Yes it is, you can see the laws here
Is Hemp Flower Legal in South Carolina?
No it is not, you can see the laws here
Where to Buy CBD in South Carolina?
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