Delta 8 THC in South Carolina: Is it Legal?

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Delta 8 THC is a unique cannabinoid found in the hemp plant and is expanding in popularity nationwide with promising medical and recreational applications. Even though Delta 8 THC does feature familiar properties to Delta 9 THC, what intoxicates you when consuming marijuana, it has completely different effects and generally less potency.

But is Delta 8 THC legal in South Carolina?

Related article: What is Delta 8 THC?

Yes, Delta 8 THC is legal in South Carolina

As of 10/16/2020, Delta 8 THC is legal according to South Carolina state law. Like the federal law, South Carolina has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.

Like other southern states, South Carolina has laws much the same as Delta 8 THC in Alabama and Delta 8 THC in Georgia. Keeping an eye on these laws is going to be important in the coming months or years to make sure nothing changes. 

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Read the laws for yourself:


Section 46-55-10.

(6) ‘Federally defined THC level for hemp’ means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. sec 5940, whichever is greater.

7 U.S.C. sec 5940

(2) Industrial hemp

The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

(8) ‘Hemp’ or ‘industrial hemp’ means the plant Cannabis sativa L. and any part of that plant, including the non-sterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

(9) ‘Hemp products’ means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including non-sterilized hemp seeds, is not considered a hemp product.

(11) ‘Marijuana’ has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.

(Full Bill)

Cannabis Policy in South Carolina

Earlier this year, South Carolina Legislature was scheduled to meet to discuss the possibility of medical cannabis legalization, with those meetings delayed to 2021 to stop the spread of the coronavirus and no news since.

While medical cannabis is not on the ballot this general election, your vote matters to elect leaders that could make the decisions to enact a compassionate medical cannabis law. We encourage you to do your research on who you are planning to elect if this is what you want to see for the future of South Carolina.

Buy Delta 8 THC online in South Carolina 

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