Is Delta-8 THC Legal in South Carolina?

Yes! There is no specific legislation addressing delta-8 in South Carolina.  This means that delta-8 falls under federal law, the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill.  The 2018 Farm Bill states that hemp derivatives are legal provided that the product contains <.3% Delta-9 THC concentration.  Delta-8 THC is found in the cannabis plant in such low quantities if you were to buy delta-8 it is likely to be synthetically made.  Some consider delta-8 to be a legal loophole while others consider it to be explicitly legal according to the 2018 Farm Bill.

Delta-8 laws could change any day so it’s always best to double-check your local laws.  As of this article in April 2022, delta-8 THC remains legal federally as well as in the state of South Carolina.

What is Delta-8 THC?

Delta 8 is a natural cannabinoid found in low quantities, derived from the cannabis plant. Delta 8 THC became legal when Congress passed the Agriculture Improvement Act of 2018 more commonly known as the 2018 Federal Farm Bill which legalized the hemp plant and provided a path towards regulation.  Industrial hemp is defined as cannabis containing less than .3% delta 9 THC. Delta-9 THC is what most people know more commonly as “marijuana”  Delta-8 provides a euphoric “high” but is generally considered to be around 50-75% the strength of delta-9 THC.  Most users describe delta-8 as a “milder” high than delta-9 THC.  Although delta-8 is legal at the federal level due to the 2018 Farm Bill, around a dozen states have chosen to outlaw delta-8 THC. Learn more about each states laws using our quick reference guide here.

What Is the Current State Law Regarding Delta-8 THC in South Carolina?

Although there have been calls to regulate or even ban delta-8, the state of South Carolina has not yet specifically addressed the substance and there is no pending legislation regarding delta-8.

There has been some conflicting information regarding delta-8’s legality in South Carolina.  A vape shop owner had his delta-8 products seized by police.  It should be noted that when Clinton, South Carolina police seized the products, they referenced a law and stated the products were illegal because the THC levels were too high.  The products were submitted to the South Carolina Law Enforcement Division (SLED) for testing.  If the products come back with <.3% they will be considered legal.  In addition to the 2018 Farm Bill, South Carolina passed the South Carolina Hemp Farming Act in 2014. This legislation falls in line with federal law capping hemp products at <.3% delta-9 THC.

Police seizing delta-8 products in South Carolina demonstrates the importance of purchasing and possessing products from reputable wholesalers or retailers.  The vape shop owner mentioned above purchased his products from a reputable wholesaler with lab reports showing the products contained <.3% delta-9 THC.  Although police still wanted to conduct their own testing, it bodes well for the vape shop owner that his products had already been tested by a third-party lab.

Is Marijuana Legal in South Carolina?

South Carolina is one of the remaining few states that has not yet introduced any sort of medical marijuana or recreational marijuana program in the state.  WIth no sort of legal marijuana, delta-8 is a great option for residents who want to experience the legal “high” from the cannabis plant.  Although there is no approved use for delta-8 by the Food & Drug Administration (FDA), its users have reported a few different benefits including but not limited to:

  • Reduced anxiety

  • Help falling asleep

  • Pain reduction

  • Increased Appetite

Do I Need a Medical Card to Purchase Delta-8 in South Carolina?

No!  Delta-8 is completely legal for anyone to purchase in South Carolina and under no sort of medical or other restrictions.  Most smoke shops and online retailers will require anyone purchasing delta-8 to be 21 years of age or older.

Are Other Hemp-Derived Products Legal in South Carolina?

Cannabidiol (CBD) and delta-8 THC are both legal and available for purchase in the state.  In addition to the 2014 hemp law, CBD was specifically legalized with strict medical parameters with Julian’s Law.  The legislation set the limit of delta-9 THC at .9% THC but only for children with severe epilepsy and a recommendation to receive CBD from a doctor.

With the 2018 Farm Bill, CBD products and delta-8 are both legal in the state for anyone to possess provided there is <.3% delta-9 THC content on a dry weight basis.

Will Delta-8 THC be Banned in the Future?

Delta-8 seems to be under constant pressure for increased regulation or outright bans through multiple states and even federally.  The DEA sent a letter to the Alabama Board of Pharmacy confirming the substance was currently legal federally.  Tetrahydrocannabinol derived from the cannabis plant is federally legal,  if delta-8 were synthetically made using non-cannabis materials it would fall under the Controlled Substances Act.  It’s always possible that delta-8 could be made a Schedule I substance like marijuana and become federally legal.

South Carolina Attorney General Statement Regarding Delta-8

SLED requested clarification from the South Carolina Attorney General’s office in Columbia, South Carolina regarding delta-8’s legality and they received the following letter.  The Attorney General’s office came to the conclusion that if the courts were to determine delta-8’s legality they would decide delta-8 would not fall under the state’s Hemp Farming Act.  They believe all THC isomers should be considered a controlled substance and a Schedule I drug under state law.  The Office further postulates that if the state’s General Assembly wanted to create the current state of the industry with sweeping delta-8 THC they would’ve done so “expressly and unambiguously”.

The opinion of the Attorney General’s Office is not currently held to be legally binding.  In their letter they made it clear they would not be prosecuting cases and instead defer to local prosecutors and law enforcement.    To date, delta-8 possession has not been prosecuted in the state of South Carolina.  If such cases were to be brought up, the courts would then have to decide clearly on delta-8’s legal status.  As it stands now it’s considered a legal gray area and any hemp-derived products with <.3% delta-9 THC are legal.

Will I Fail a Drug Test from Delta-8?

Yes! Drug tests are made to detect specific cannabinoids and due to the similarity of delta-8 and delta-9 compounds drug tests are not currently advanced enough to tell the difference.  If your employer tests for marijuana or you are expecting drug tests in the future it is not recommended you use delta-8 products.

Can I Get in Trouble for Possessing Delta 8?

No!  With that said, it’s basically impossible to tell the difference between delta-8 and delta-9 (marijuana) so if a police officer sees you with delta-8, they might not take your word for it and see it as a gray area.  It’s best to avoid the hassle and be discreet with your delta-8 product, even though you aren’t breaking any laws.

If you’re possessing delta-8, you always want to make sure it’s from a reputable shop with high-quality delta-8 as it’s only legal if it contains < .3% delta-9 THC. Kings of Canna CBD is an online retailer that has all of their products tested by an independent lab so you can be sure to know what you’re getting.  You can also purchase delta-8 at your local CBD stores or smoke shops.

Is Delta-8 Legal in Other States?

Delta-8 THC became legal with the passage of the Agriculture Improvement Act of 2018, more commonly known as the 2018 Farm Bill which regulated and legalized hemp and hemp cultivation.  In short,  hemp-derived products became legal as they contain < .3% delta-9 THC (marijuana). Hemp-derived products like delta-8 and CBD have extremely low concentrations (if not 0%) delta-9 which makes them federally legal.

With the hemp industry exploding and the introduction of new terpenes and isomers, a few states were quick to act to pass their own hemp legislation including delta-8 regulation.

As of 2022, these states have made delta-8 illegal at the state level, with more states currently dealing with legality questions at the moment.:

  • Alaska

  • Colorado 

  • Delaware 

  • Idaho

  • Iowa 

  • Montana 

  • New York 

  • Nevada 

  • North Dakota 

  • Rhode Island

  • Vermont

  • Utah

  • Washington

Summary

Even with the Attorney General’s Office releasing an opinion that delta-8 THC is illegal, that opinion was not legally binding.  Delta-8 THC is legal in South Carolina as long as it comes from industrial hemp and contains <.3% delta-9 THC.  Always double-check local laws as delta-8’s legal status could change at any time.  Although there are calls to regulate or ban the product, there is currently no pending state legislation addressing delta-8 and it remains legal to use, purchase, and possess.

What Types of Delta-8 THC products are available?

Flower & Pre-rolls

Delta-8 flower is the cheapest way to consume your delta-8 and is available in many different strains, each providing different effects. Bubba Kush 77 will relax you and help you unwind. It includes CBD content which provides anti-inflammatory properties while the delta-8 content will reduce pain and muscle tension. Bubba Kush 77 is also available in pre-rolls for easier use.

Cartridges

To easily consume your delta-8 on the go, you might want to look at vape cartridges. They’re available in many different flavors in addition to having a high concentration of delta-8 THC. This Mango Kush has a 93% delta-8 THC level and is perfect for pain relief and putting you to sleep.

Gummies

Edibles are a great option for delta-8 users who don’t want to have to smoke or vape to receive the benefits of delta-8. These delta-8 gummies, like all delta-8 products, are psychoactive and will have you feeling happy and euphoric, the feelings will just be much more mild than what you would expect from delta-9.

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