Is Delta-8 Legal In South Carolina?

Delta-8 THC has been in the news lately, as more states are legalizing its use. But what about South Carolina? Is Delta-8 legal there?

Like a cloud of fog, the answer is not immediately obvious. To make things clearer for those who reside in South Carolina, this article will take an in-depth look at the history and current state of Delta-8 legality in South Carolina.

As we unravel this tangled web of laws and regulations, we’ll also consider if it’s possible to buy Delta-8 legally in South Carolina and what age restrictions might apply.

So join us as we explore this murky topic and hopefully clear away some confusion like a ray of sunshine parting the clouds.

Is Delta-8 THC Legal in South Carolina?

As of June 2023, the legal status of Delta-8 THC in South Carolina is a source of disagreement between state agencies, law enforcement, and the courts due to conflicting interpretations.

The 2018 Farm Bill passed by Congress broadened the definition of hemp to include cannabis plants containing less than 0.3% delta-9 THC on a dry weight basis, making products derived from industrial hemp such as CBD and delta-8 THC legal in South Carolina at the federal level.

However, while many localities have adopted ordinances allowing for the sale of CBD products derived from hemp or medical marijuana through licensed stores, there is still uncertainty surrounding delta-8 due to lack of clear regulation at both the state and federal levels.

As a result, interpretation and enforcement vary greatly across different jurisdictions in South Carolina.

Legislative History Of Delta-8 In South Carolina

The legislative history of Delta-8 in South Carolina has been marked by a series of developments, from the passage of the Hemp Farming Act in 2019 to varying interpretations of the law by government officials.

The most notable development was the passage of the Hemp Farming Act, which removed hemp-derived THC from the definition of marijuana under state law, and effectively legalized Delta-8 THC on a weight basis.

This was followed by confusion as to how this would affect other products containing delta stores such as convenience stores and dry weight products with an undisclosed psychoactive substance.

Experts have interpreted this law differently, leading to further confusion over its legality for consumers.

Ultimately, however, it became clear that medical cannabis laws allowed for Delta-8 products to be legally sold in South Carolina on a weight basis.

As such, Delta-8 is currently legal in South Carolina under certain conditions related to its origin and production process.

With these regulations now established, local businesses are beginning to offer Delta-8 products at various retail outlets across the state.

HOUSE BILL 3449

Introduced in 2020, House Bill 3449 made a significant impact on the regulation of hemp and hemp-derived products in South Carolina.

This bill defined hemp as any derivative of cannabis with a delta tetrahydrocannabinol concentration of 0.3% or less, and provided protection for the cultivation, handling, processing, sale and transportation of hemp products.

It also included instructions for obtaining a hemp handler permit from the South Carolina Department of Agriculture for those who wanted to cultivate commercial hemp.

Notably, it also put forth strict regulations on smokeable and nonsmokable medical cannabis derivatives which were produced outside the state’s medical cannabis legalization program.

Therefore, this bill allowed the legal production of delta-8 THC within certain parameters while prohibiting its sale outside county ordinances or Columbia ordinance smoking ordinances that have been enacted by local governments.

As such, it is now legal for South Carolinians to possess and use delta-8 THC products as long as they are obtained through reasonable regulation rather than illegal means like black market sales.

Is Delta-8 Legal at the Federal Level?

Heralding a new era of hemp legality, the 2018 Farm Bill ushered in a wave of legal reforms that opened up opportunities for the use of delta-8 THC products. By removing hemp from the Controlled Substances Act and providing clear definitions around what constitutes “hemp” under federal law, this legislation provided clarity on the legality of delta-8 THC at the federal level.

The FDA has consistently maintained its stance that any cannabis derived product is subject to their authority; however, as long as it is produced within established guidelines and contains less than 0.3% delta-9 THC, hemp-derived products are allowed in food products. This includes delta-8 THC derived from hemp plants which can be legally purchased in gas stations, shops, or online by consumers across all 50 states.

Additionally, these same regulations have enabled farmers to cultivate hemp for commercial sale and producers to manufacture various isomers of hemp including those containing Delta 8 without fear of prosecution from federal authorities. This has created an influx of legal hemp in food products and other retail outlets throughout the country giving consumers greater access than ever before to these items with a high level of confidence they are indeed buying legal merchandise.

Can You Buy Delta-8 in South Carolina?

Amidst the burgeoning hemp industry, South Carolina residents now have the option of purchasing Delta-8 products from a range of sources. These sources include online sellers, as well as physical stores that sell CBD and/or Delta-8 products.

Additionally, hemp-derived Delta-9 THC is available for purchase in South Carolina due to the state’s definition of hemp which includes nonsterilized hemp seeds and marijuana containing 0.3% or less by dry weight of Delta-9 THC. This is below the federal threshold for marijuana possession charges, and so it remains legal in South Carolina despite any federal penalties.

Nevertheless, it is important to note that recreational use of marijuana is still illegal in South Carolina regardless of its effects or presence in certain products; thus, individuals should take care when considering the purchase and use of any product containing Delta-9 or Delta-8 THC.

In conclusion, while there are many options for purchasing various types of cannabis products in South Carolina today, individuals should be aware of their local laws governing the possession and usage before making a purchase or using a product.

Age Requirements To Use Delta-8 In South Carolina?

Access to Delta-8 products in South Carolina is limited to those 21 years or older, ensuring that no minors can benefit from its potential therapeutic effects.

In the state, Delta-8 THC, an hemp-derived delta 8 concentration that has been found to be unlawful in many cannabis products, can only be purchased at licensed vendors such as Crowntown Cannabis and Oakland Cannabis Buyers Coop.

These smokefree ordinances also mean that it cannot be bought at variety of convenience stores.

As a result, individuals must adhere to the age requirement of 21 years or older when purchasing Delta 8 products in South Carolina.

This helps ensure regulations are met and that only adults gain access to these potentially beneficial substances.

Buy Delta 8 THC Online in South Carolina

Buying Delta 8 THC online in South Carolina is a straightforward process, with customers able to purchase products from reputable vendors such as Hometown Hero using a credit or debit card.

Hometown Hero offers a range of Delta 8 products, including Blueberry Delta 8 gummies which are recommended for new users. Customers can also request a free sample from customer service and the delivery is discreet and usually arrives within few days.

The level for hemp-derived Delta 8 THC in South Carolina is legal provided that it contains less than 0.3% Delta 9 THC and the amount of synthetic marijuana, if present, does not exceed 10 nanograms per milliliter.

In addition, the criminalization of marijuana remains so even though adults 21 years or older may possess up to one ounce of marijuana from dispensaries licensed by the state.

Even though slang terms such as ‘delta-8’ are commonly used to refer to delta-8 THC, this chemical compound remains legally distinct from marijuana under federal law and its possession has not been decriminalized across most states like marijuana has been done recently in many places.

Conclusion

In conclusion, it is currently legal to buy and possess Delta-8 THC in South Carolina as long as you are of the required age.

The state legislature passed House Bill 3449 which legalized the sale and possession of Delta-8 THC within its borders.

It should be noted that while Delta-8 THC is legal at the state level, it may still be subject to federal laws that have yet to be clarified.

As such, any purchase or use of this product should be done with caution and understanding of potential legal implications.

This archaic law provides an opportunity for South Carolinians to access a natural remedy without fear of persecution from their government, a beacon of hope in these tumultuous times.