There is increasing interest surrounding the legal status of CBD, particularly in the state of South Carolina, as more people turn towards natural wellness products. South Carolina, also known as the Palmetto State, regulates CBD in a manner influenced by both state and federal laws. The question, “Is CBD legal in South Carolina?” has been the subject of much discussion over the years. In this article, we discuss topics such as THC content, hemp-derived cannabinoids, exceptions for possession of CBD containing higher than 0.3% THC, and regulations for buying and selling CBD. We hope to clarify South Carolina CBD laws by providing a thorough understanding of the issues surrounding CBD in the state.
Legal Status of CBD in South Carolina
In 2017 (specifically A37, R59, H3559), South Carolina passed its state law legalizing the licensed cultivation of industrial hemp with no more than 0.3% THC. In 2018, the federal Farm Bill legalized hemp nationwide under the same 0.3% THC threshold. The 2018 Farm Bill federally legalized industrial hemp, which means that it was reclassified from a controlled substance to an agricultural product under the new law.
South Carolina had already adopted this standard in 2017. After 2018, South Carolina continued its existing industrial hemp program under the aligned state and federal laws and enacted the state’s Hemp Farming Act in 2019.
Consequently, the 2018 Farm Bill defines industrial hemp as Cannabis sativa strains with a maximum THC content of 0.3%. Tetrahydrocannabinol, also known as THC, is the principal psychoactive ingredient found in marijuana that causes users to feel “high.” Because CBD products derived from industrial hemp do not contain more than 0.3% THC, South Carolina and the federal government both recognize them as legal products.
CBD Oils and Other Products
CBD products, such as CBD oils and gummies, are now widely available in South Carolina. You can buy CBD in South Carolina from a variety of retailers as long as it contains no more than 0.3% THC. The state bans food products with CBD and dietary supplements with CBD.
In addition to physical stores, hemp-derived products are also available on online platforms, given the state’s policy toward hemp-derived products that contain no more than 0.3% THC. Mission Farms CBD is one of the best places to buy CBD products online in South Carolina.
CBD oil must be derived from the hemp plant, not marijuana, and maintain a THC content under the 0.3% threshold. A third-party lab test is also required for all CBD products sold in the state to ensure quality and safety.
Law Enforcement and the Role of the Medical Marijuana Card
While law enforcement in South Carolina now regards CBD oils and other hemp-derived products as legal, you cannot possess marijuana-derived CBD oil or products in South Carolina.
In South Carolina, Julian’s Law was instituted in 2014, which states that people who have Lennox-Gastaut syndrome, Dravet syndrome, and other severe forms of epilepsy can use low-THC CBD oil (no more than 0.9%). These exceptions require a doctor’s certification and are the only exceptions to possessing marijuana or marijuana-derived products, which is still considered illegal in South Carolina.
Selling CBD in South Carolina
Selling CBD products in South Carolina is legal. However, all products must be derived from industrial hemp and contain no more than 0.3% THC. Moreover, third-party lab tests must be performed to verify their contents. The penalties associated with violating these regulations may be very severe.
Is CBD Oil Legal in South Carolina?
Yes, CBD oil is legal in South Carolina. CBD oil and other hemp-derived products with a THC content of 0.3% or less are permissible in the state. It’s important to note that while CBD oil is legal, it must be derived from industrial hemp and not from marijuana. The CBD products must also be third-party lab tested to confirm their safety, quality, and levels of THC. The South Carolina Law Enforcement Division (SLED) tests CBD oil sold in stores to determine the levels of THC. South Carolina allows the sale of hemp seed oil and hemp oil if it doesn’t include health claims or bears any resemblance to a dietary supplement.
Is CBD Flower Legal in South Carolina?
South Carolina has strict laws regarding the sale and possession of raw CBD flower. Without a license, it is prohibited to possess or sell raw CBD flower. However, it’s unclear if “hemp smokables” are classified as raw hemp under the law. Any CBD product derived from the marijuana plant or containing more than 0.3% THC is illegal. There are some exceptions for individuals who possess these products with a doctor’s certification. The legality of CBD flower in South Carolina is still confusing due to the current state of the law.
Can I take CBD Gummies to South Carolina?
Yes, you can take CBD gummies to South Carolina, as they are legal in the state. They are legal as long as they are derived from industrial hemp and contain a THC concentration of 0.3% or less. You should check that the product’s quality and THC content have been verified by an independent lab. Always check the most up-to-date version of the CBD regulations in South Carolina, as laws are subject to change.
Is CBD over the counter in South Carolina?
Yes, CBD products are available over the counter in South Carolina. As per the 2018 Farm Bill on a federal level and South Carolina’s 2017 state law (A37, R59, H3559, referred to above), legalizing the licensed cultivation of industrial hemp with no more than 0.3% THC. CBD derived from industrial hemp with a THC content of 0.3% or less became legal.
Among the CBD products covered by this law are oils, gummies, topicals, and more. These products can be purchased online and in retail locations throughout the state without a prescription. It is very important, however, for consumers to ensure that any CBD product they purchase has been tested by a third-party laboratory to ensure its safety, quality, and amount of THC.
Can I Buy CBD Online in South Carolina?
Yes, you can buy CBD online in South Carolina. Following the passage of South Carolina’s 2017 state law referred to above, purchasing, possessing, and consuming CBD products derived from industrial hemp and containing a THC concentration of 0.3% or less is legal in South Carolina. This includes buying these products online. It’s recommended, however, that you only purchase from reputable online retailers who provide third-party lab test results to ensure the CBD product’s quality, safety, and legality. Be aware that while it is legal to purchase hemp-derived CBD, products containing higher levels of THC (over 0.3%) are only allowed for very specific medical health issues (referred to earlier in this article) and with a doctor’s certification.
Can I Buy CBD at a Dispensary in South Carolina?
Yes, you can buy CBD at a dispensary in South Carolina. With the passage of South Carolina’s 2017 industrial hemp law, CBD products derived from industrial hemp and containing no more than 0.3% THC are legal in the state. Dispensaries, health stores, and many other retail locations sell these products. Any products with higher than 0.3% THC can only be used in very specific health situations (referred to earlier in this article) and with a doctor’s certification. Any CBD product should be third-party lab tested to ensure its safety, quality, and composition.
CBD oil is legal in South Carolina, provided it is derived from industrial hemp and contains no more than 0.3% THC. It is legal for South Carolina residents to buy and sell CBD oils, gummies, and other CBD products if they meet these conditions. It is always a good idea to keep up-to-date with any potential law changes and to ensure that any CBD products purchased have been tested by a third-party lab. A legal review of the product helps ensure its safety as well as its legality.
FAQ
Is CBD oil legal in South Carolina?
South Carolina has legalized hemp-derived CBD oil containing no more than 0.3% THC concentration, in line with federal law and South Carolina’s Hemp Farming Act. The state also allows patients with severe epilepsy access to cannabis-derived low-THC CBD oil (no more than 0.9%) through Julian’s Law.
Are CBD gummies legal in South Carolina?
Yes, CBD gummies are legal to purchase and possess in South Carolina as long as they contain no more than 0.3% THC and abide by other state regulations.
Can you take CBD on a plane to South Carolina?
Yes, you can legally travel with CBD products derived from hemp that do not contain more than 0.3% THC on a plane to South Carolina per TSA guidelines.
When did CBD become legal in SC?
CBD became legal in South Carolina in 2014 with the passage of Senate Bill 1035, also known as Julian’s Law. This law made allowances for the medical use of marijuana under some limited circumstances, including the use of cannabidiol or other derivatives of cannabis for people with certain medical conditions.
References
- 2017-2018 Bill 3559: Industrial hemp cultivation – South Carolina Legislature Online. (n.d.). https://www.scstatehouse.gov/sess122_2017-2018/bills/3559.htm
- 5. Is CBD oil legal in South Carolina? | SouthCarolinaStateCannabis.org. (n.d.). South Carolina Cannabis Information Portal. https://southcarolinastatecannabis.org/cbd
- 2013-2014 Bill 1035: Medical Cannabis Therapeutic Treatment Research Act. (n.d.). https://www.scstatehouse.gov/sess120_2013-2014/bills/1035.htm
- Can You Travel with CBD Oil? Laws are Murky, But Here’s How to Protect Yourself | Frommer’s. (n.d.). https://www.frommers.com/tips/health-and-travel-insurance/can-you-travel-with-cbd-oil-laws-are-murky-but-heres-how-to-protect-yourself
