Is CBD Oil Legal in South Carolina?
Yes! Hemp-derived CBD oil is legal to purchase and sell in South Carolina (SC). As long as the THC content is under 0.3 percent and it is not added to food products, CBD oil is legal in the state.
The question, “is CBD oil legal in South Carolina?” might seem like a simple yes or no question, but there’s so much more to it. Like a lot of achievements, hemp legalization in South Carolina encompasses its fair share of milestones and setbacks. It’s also been pretty recent since hemp cultivation was officially legalized, making it a hot topic of debate and discussion in the area.
The Road to Hemp Legalization in South Carolina
As they say, it’s all about the journey. South Carolina’s journey to CBD legalization consists of legislation and events that have sparked progress and even brought some roadblocks that need more time for development.
2014 – Julian’s Law/S1035/H4803
In 2014, Governor Nikki Haley signed Senate Bill 2015, also known as Julian’s Law. This bill allowed children with a certain debilitating medical condition to be treated with CBD oil if recommended by a physician. The legislation specified that the CBD oil must have a minimum of 98 percent CBD and a THC level of no more than 0.9 percent. It also stipulated that the CBD oil must be obtained from the Medical University of South Carolina.
Julian’s Law also opened up the opportunity for physicians to participate in a statewide medical study of CBD oil for other medical conditions.
2017 – Industrial Hemp Pilot Program/H3559
The state officially decided to heighten its crop diversity by legalizing industrial hemp cultivation in May 2017. In accordance with the 2014 Farm Bill, a pilot program was established to carry this out. This program authorized up to 20 growing permits for the first year and 40 for the second and third year. Each permit holder was allowed to grow up to 20 acres of industrial hemp for research purposes.
The number of permits granted in the years following would be determined by the Department of Agriculture and institutions of higher learning. It would be in the spring of 2018, where the state’s first 20 contingent cultivators would begin sowing hemp seeds. Interest in the program was strong, with 131 applicants during the first year.
2018 – Farm Bill & South Carolina’s Hemp Farming Act
The Farm Bill, signed by President Donald Trump in December 2018, removed hemp from the Controlled Substances Act (CSA), created wider access to growing licenses and allowed financial institutions to securely conduct business with hemp companies.
South Carolina jumped on board with this bill. Governor Henry D. McMaster signed the Hemp Farming Act, which lifted limits on hemp cultivation. It specifically:
Granted eligibility to anyone who previously applied for a grower permit under the previous pilot program to grow hemp in SC, provided they pass a background check.
Removed the cap on cultivated acreage.
Removed pilot program’s requirement that growers receive a letter of intent from an approved college or university.
The state permitted 113 growers to plant hemp across approximately 3,300 acres in 2019. And per the 2018 Farm Bill, as long as the THC content is under 0.3 percent, it is legal.
2019 – SC Regulators Set Boundaries on CBD
On February 20, 2019, the South Carolina Department of Agriculture (SCDA) made a statement that drew a line between what was legal and what wasn’t legal when it came to specific conditions around CBD. SCDA claimed CBD itself is legal but not when it’s added to “any human or animal food products for public sale,”
Derek Underwood, Assistant Commissioner of Consumer Protection, explained that until clinical studies can prove that CBD food items are safe and the FDA approves the research, they’ll remain illegal in the state. As a result, South Carolina CBD shops began halting their CBD food products, sticking to selling their non-food CBD products like tinctures.
Looking Ahead in South Carolina
With the legalization of hemp, SC legislators are now considering the possibilities of its sibling plant, marijuana. In September 2015, the Senate Medical Affairs subcommittee unanimously approved a bill that would create a medical marijuana program, but it did not pass.
The South Carolina Compassionate Care Act was proposed in 2018. If it’s signed into law, it would allow individuals with qualifying medical conditions to use medical marijuana. Specifically, it would provide this group with two ounces of marijuana, or an equivalent derivative, every two weeks. No final decisions have been made yet. It advanced to the SC House and Senate in 2019, but the legislative session concluded before the bill could be debated. The deadline to pass it has been pushed to 2020.
Where Can I Find CBD Oil in South Carolina?
South Carolina residents can get CBD products in brick-and-mortar shops throughout the state and from shops online. There are also smoke shops and food stores that carry CBD oils.
Because of the rapid growth and interest of CBD, hemp festivals, like the Lowcountry Hemp Festival, have been popping up in the state to raise more awareness and educate people on the supplement.
Stay Vigilant and Updated with Hemplucid
So is CBD legal in SC? Yes. Will it always remain this way? Maybe. As the CBD industry continues to change, so can state laws. Wherever you live, it’s always important to keep yourself updated with the latest news around CBD in your state to ensure you’re taking the right steps.
Committed to helping you make educated decisions, Hemplucid stays rooted in transparency and ensures our products stay within legal boundaries. So be sure to check out our Full-Spectrum and zero-THC products. Each of our items come with a QR code that gives you access to their Certificate of Analysis (COA).Is CBD oil legal in South Carolina? Yes! Learn everything you need to know about the legality of hemp in South Carolina. Be sure to check out our products.
CBD in South Carolina: SC State Laws and Where to Buy Legally
CBD Oil Legality in South Carolina: Cannabidiol State Law Regulations in SC, USA
CBD laws in South Carolina are relatively simple, but the violation of the state’s cannabis and hemp laws can leave consumers in serious criminal or civil trouble. As a result, it is more important than ever that CBD users conduct substantial research before making any purchase within the state. In particular, concerns regarding exact laws, age requirements, and online regulations are all important considerations for any user to keep in mind before buying their favorite CBD or marijuana products in South Carolina.
The state is still attempting to reconcile their laws and enforcement mechanisms with federally-understood norms. This is not particularly surprising to those who have observed the legal progress of all fifty states following the passage of the federal Farm Bill in 2014. This law purportedly made it legal for consumers to possess and for companies to distribute hemp-derived CBD products in all fifty states. Like many states, South Carolina’s police forces have worked hard to ensure that THC contents of CBD products do not exceed legal limits set by their own laws or the federal Farm Bill.
For the most part, though, consumers have multiple options when it comes to accessing medical or adult use CBD within the state. This guide has been created as an introductory resource to outline some of the most important aspect of the legal situation in South Carolina’s CBD industry. However, it should not be construed as legal advice in any sense of the word. Readers should conduct their own research, as the author of this guide cannot guarantee that laws have not changed since the time of its writing.
South Carolina CBD Laws
In South Carolina, two pieces of legislation make up the current legal framework for the regulation of all CBD products. First, 2014’s Senate Bill 1035, titled ‘Julian’s Law,’ made it legal for consumers to gain access to medical cannabis, including medical-grade high THC CBD products. This law comes with a few notable restrictions. For one thing, the law stipulates that only those citizens with debilitating conditions whose physicians have outlined the necessity of marijuana to their long-term treatment plan can access medical CBD. Additionally, the medical-grade CBD can only be obtained from licensed dispensaries in South Carolina.
The industrial hemp pilot program for South Carolina became state law in 2016 through revisions to statutory code from 46-55-10 to 46-55-40. This law made it possible for consumers in the state to purchase CBD from companies so long as it is derived from the industrial hemp plant and contains a negligible amount of THC. If the THC content by dry weight exceeds this limit set by legislators, then it is not legal under this law.
Age Requirements For CBD In South Carolina
The age requirement for CBD in South Carolina depends on the law used to protect the purchase and consumption. Under the state’s medical cannabis law, minors can be prescribed medical CBD if their doctor gains written consent from the child’s parent or guardian. Otherwise, CBD is reserved in the medical sense only for those patients above the age of eighteen.
The requirement for CBD used under the industrial hemp pilot program is a little more straight-forward. In most jurisdictions and stores, users must be over the age of eighteen to purchase CBD products. In select stores and some smoke shops, this age might be bumped up to twenty-one to make it consistent with other established rules in the shop, or to follow local norms or expectations.
Types Of South Carolina CBD
All different types of CBD are generally available within South Carolina. The state clearly has a wide range of smokable CBD products, but the average convenience store or gas station is also likely to stock edibles, as well as balms and ointments derived from the hemp plant or containing the CBD substance in high concentrations.
Where To Find South Carolina CBD
CBD with a THC content below the legal limit set by the industrial hemp pilot program can be found in a wide variety of stores all over the state. In particular, smoke and head shops, gas stations, convenience stores, and even a few health and wellness shops will stock hemp-derived CBD oils, foods, balms, and ointments with relatively high quality.
For CBD above this limit, it can typically only be legally obtained from licensed medical dispensaries, of which there are many within the state. South Carolina CBD users looking for the relief provided by medical CBD should be sure to secure relevant documents before traveling to a medical dispensary to gain access to their medicine.
Buying CBD Online In South Carolina
It seems to be completely legal to order CBD on the internet in South Carolina. Consumers should be sure to check the THC content of their products, as the purchase of CBD with a THC content exceeding legal limits could constitute a serious violation. Additionally, a lack of regulatory oversight makes it necessary that consumers conduct research into their supplier before buying anything.CBD Oil Legality in South Carolina: Cannabidiol State Law Regulations in SC, USA CBD laws… ]]>