Waves of fragrant hemp once crested South Carolina’s sandy shores, making cannabis one of the former colony’s original bumper crops. In recent centuries, though, the South Carolina cannabis industry has come under fire — with hemp cultivation only recently fully re-legalized. Is
CBD oil legal in South Carolina these days, and if so, how legal is CBD in South Carolina, exactly? Prepare to become familiar with all the complexities of South Carolina CBD oil law that might affect users of this non-intoxicating yet highly promising cannabinoid.
What to Know About CBD
CBD is very different from THC, a fact even historically conservative states like South Carolina are coming to recognize. Where THC does pose at least some potential to be misused, CBD is fully non-intoxicating, which means it can’t get you high under any circumstances. In South Carolina and federally, the maximum allowable amount of
THC in CBD and other hemp products is 0.3%, which isn’t enough to cause intoxication. Over the last decade or so, the nation has come to recognize the immense healing potential CBD has to offer. The exact specifics of how CBD does what it does are still under investigation by top medical scientists around the world. What we can say for now, though, is that countless thousands of people claim their lives have been changed by CBD. That’s at least a great place to start.
CBD Laws in South Carolina
For the most part, CBD laws are uniform throughout the country. The 2014 and 2018 Farm Bills established that “industrial hemp” is a separate category from “marijuana,” distinguished by containing less than 0.3% delta 9 THC. These pieces of federal legislation also paved the way for a national hemp cultivation revival, and South Carolina proved to be at the epicenter. This renewal of the state’s ancestral love of the cannabis plant has come along with some unavoidable growing pains. There are a few different pieces of South Carolina CBD legislation you’ll want to be aware of as you become familiar with the state’s nuanced stance on everything to do with hemp.
Overview of State-Specific Regulations
In most respects, South Carolina CBD law is in full accord with federal laws. The state has made some specific provisions within recent legislation, however, designed to crack down on the sale and possession of products that common sense defines as “THC” such as delta 8, THCA, and other compounds that are nearly identical to delta-9 THC. Overall, South Carolina CBD law does not countermand federal law in any way. On the contrary, the state’s positions on CBD simply strengthen the federal position.
Key Legislation
Let’s take a look at three separate pieces of South Carolina CBD legislation to learn more:
Julian's Law (2014) Senate Bill 1035, also known as “Julian’s Law,” softened South Carolina’s stance on drugs in general and, notably, established a medical cannabis program for the treatment of certain specific conditions. Passing the same year as the 2014 Farm Bill, which started legalizing hemp nationwide, Julian’s Law helped establish the foundations of today’s thriving South Carolina CBD industry.
The Industrial Hemp Pilot Program (2017) Following in the lead of Kentucky and other southern states, South Carolina established a hemp cultivation pilot program in 2017 with Bills
3559 and
4627. This program made cultivation of hemp containing less than 0.3% THC explicitly legal under the South Carolina Department of Agriculture and established a pathway for farmers to gain permitting for their hemp farming.
House Bill 4628 (2024) More recently, South Carolina has revealed its struggle to rein in hemp products with bills like
HB 4628, which essentially establishes a distinction between “THC-like” cannabinoids and “non-THC”
cannabinoids. This bill did not “illegalize” CBD; rather, it provided the South Carolina government with a pathway to
make CBD even more legal — and, of course, more taxed and regulated.
THC Content Requirements
Taking the federal government’s cue, the state of South Carolina has established the upper allowable limit of THC in CBD products as “three-tenths of one percent,” also known as 0.3%. So long as CBD hemp products contain less than 0.3% THC, they are allowable in South Carolina. Do check the contents of House Bill 4628, however, to learn which cannabinoids the state now defines as “THC.”
Which CBD Products Are Not Allowed in South Carolina?
South Carolina has not specifically banned any types of CBD products. The state simply requires that CBD products contain less than 0.3% THC — and that definition of “THC” is somewhat broader than the federal definition. South Carolina also requires that sellers of CBD products market their products a particular way, but this has no bearing on individuals who own and use CBD for personal purposes.
Hemp-Derived vs. Marijuana-Derived CBD
The distinction between “
hemp-derived CBD” and “marijuana-derived CBD” has mainly become a misnomer due to the definition of “hemp” as
Cannabis sativa containing less than 0.3% THC. There would be no purpose to extracting CBD from cannabis bred to be high in THC, and in any case, the resulting extract would still be considered “hemp” in South Carolina as long as it contained less than the maximum THC threshold. All CBD products sold in South Carolina are hemp-derived CBD products, and the same goes for the rest of the country.
CBD in Food and Supplements
Until 2024, the South Carolina legislature’s main focus regarding CBD law had been on how to manage different cannabinoids, not the types of products they’re contained within. With the passage of HB 4628, however, it is now illegal to add CBD to food products in South Carolina, and the same goes for any products defined as “supplements” under state law. Keep in mind that these restrictions apply to producers and sellers of CBD products operating within South Carolina and not companies located in other states.
Smokable Hemp
The South Carolina legislature has not yet specifically opined on the legality of smokable hemp products like CBD flower. Given the direction that the state has recently been going with CBD laws, however, it would be wise to expect South Carolina CBD flower laws to appear in the near future.
Where to Buy CBD in South Carolina Legally
There are quite a few ways you can get your hands on CBD in South Carolina without running afoul of any state or federal laws. Only some approaches are worth trying, however, with other places you can buy CBD in South Carolina not being worth it:
Online
For South Carolina residents, buying CBD online is the best way to get around the state’s particular perspectives on hemp, CBD, and other cannabinoids. Federally, CBD is legal, and the Constitution also provides for free trade between states. So, there’s nothing legally stopping you from choosing to purchase CBD online and have it shipped to South Carolina.
Cannabis Dispensaries
Current medical cannabis provisions in South Carolina are extremely limited, and recent attempts to expand the state’s cannabis program are
dead in the water. As a result, don’t expect to be able to buy CBD products at South Carolina medical marijuana dispensaries — as a matter of fact, don’t expect to be able to buy anything at all.
Natural Food Shops
Some South Carolina natural food stores, food co-ops, and similar establishments may still carry CBD on their shelves. Given the state government’s recent addition of burdensome requirements for the retail
sale of CBD, however, fewer and fewer brick-and-mortar stores in South Carolina are choosing to carry any hemp products, whether they contain cannabinoids or not.
Supermarkets
In other parts of the country, it’s common for even run-of-the-mill supermarkets to carry at least a few CBD products. Now that all CBD products must now be kept behind the counter in South Carolina, however, supermarkets are very unlikely to choose to continue stocking CBD. In any case, supermarket CBD is usually the lowest-quality.
CBD Stores
South Carolina CBD stores operate much like medical or recreational cannabis stores do in other states. They have small storefronts with glass counters manned by “CBD budtenders” who grab your products for you and hand them over at checkout. Only major cities in South Carolina have CBD stores, and prices are higher at these establishments even though product quality and variety is reduced.
Frequently Asked Questions
Is CBD Legal in South Carolina?
South Carolina law stipulates that cannabis products containing less than 0.3% THC are industrial hemp, making CBD products legal in the state as long as they clear this THC threshold. In contrast to other states, South Carolina’s definition of “THC” is rather wide. These legal definitions only matter if you’re selling or making CBD, however, not buying or possessing it for personal use.
Can I Buy CBD Gummies in South Carolina?
Yes, you can
buy CBD gummies as a South Carolina resident, but you’ll need to buy them online. It’s illegal to add CBD to food products in South Carolina, but this doesn’t apply to CBD products made in or shipped from other states.
Can I Buy CBD Online if I Live in South Carolina?
Yes, the best way to buy CBD in South Carolina is to buy it online since the state has made some peculiar restrictions on hemp products. These restrictions are designed to rein in sellers and manufacturers operating in the state, however. Online, South Carolina residents have access to the full panoply of CBD products available to all other Americans.
Is There an Age Limit to Buy CBD in South Carolina?
With the passage of House Bill 4628, it is officially the law in South Carolina that you must be at least 21 years of
age to purchase a CBD product. This restriction does not apply to purchases made online, however — as long as the company you’re buying from isn’t based in South Carolina.
Is Delta-8 Legal in SC?
No, delta 8 THC is considered a form of THC in South Carolina, making it illegal. Punishments for delta 8 possession offenses are the same as those for THC possession in South Carolina.
Can You Buy CBN Oil in South Carolina?
Yes,
CBN is listed among the “CBD-like” cannabinoids specifically protected under HB 4628. According to the latest South Carolina hemp laws, therefore, it’s legal to
buy CBN in the Palmetto State.
Conclusion: 2024 CBD Laws in South Carolina
South Carolina has certainly taken more pains than other states to contain its CBD industry. Nonetheless, the American Dream lives on in the Palmetto State, making it possible to buy CBD online regardless of how state law may have recently shifted. Take solace in the sure fact that the future of CBD remains bright by having your Colorado Botanicals order shipped to South Carolina today.
