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Can You Be Arrested for Having Delta 8 in South Carolina?

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As the popularity of Delta-8 THC products continues to rise, so do questions about their legality. Many individuals in South Carolina are left wondering: Can you be arrested for having Delta-8? The answer is not straightforward, as the legal landscape surrounding Delta-8 THC remains complex and subject to change. At Touma Law Group, we understand the confusion and uncertainty that individuals may face when it comes to Delta-8, and we are here to provide clarity and guidance.

If you have concerns about the legality of Delta-8 in South Carolina or have been arrested for possessing Delta-8 THC products, it's crucial to seek legal advice as soon as possible. Our Greenville drug charge attorneys have a deep understanding of state and federal laws and can help you navigate the legal system with confidence.

Contact the Touma Law Group today to schedule a free consultation and learn more about your rights and options regarding Delta-8 in South Carolina. Call us at (864) 618-2323 to get started.

Overview of South Carolina Laws on Cannabis Products

In South Carolina, laws regarding cannabis products like Delta 8 can be complex and subject to change. Currently, delta 8 THC, a compound derived from hemp, is not explicitly mentioned in state law. However, the legality of delta 8 THC products is often determined by their delta 9 THC content, with products containing more than 0.3% delta 9 THC being considered illegal under state and federal law.

While Delta 8 products may be available for purchase in some states, individuals in South Carolina should exercise caution when purchasing and using such products. It's essential to stay informed about state and federal regulations for Delta 8 products to avoid potential legal consequences. Consulting with a knowledgeable attorney can provide guidance on navigating the complex legal landscape surrounding cannabis products in South Carolina.

Delta-8 THC and CBD are both cannabinoids found in cannabis plants, but they have distinct chemical structures and effects. While CBD (cannabidiol) is non-intoxicating and typically derived from hemp plants, Delta-8 THC (delta-8-tetrahydrocannabinol) is a psychoactive compound with a similar structure to Delta-9 THC, the main psychoactive component of cannabis. However, Delta-8 THC is typically present in much lower concentrations than Delta-9 THC.

an assortment of delta 8 products on a table

From a legal perspective, the distinction between Delta-8 THC and CBD lies in their classification under federal and state laws. CBD derived from hemp plants with less than 0.3% Delta-9 THC is legal under the 2018 Farm Bill, which legalized hemp and its derivatives federally.

However, the legal status of Delta-8 THC is more complex and varies from state to state. Some states explicitly prohibit Delta-8 THC, while others allow it within certain regulations. It's essential for consumers to be aware of the legal status of Delta-8 THC in their jurisdiction before purchasing or using products containing this compound.

Potential Consequences of Possessing Delta-8 THC in South Carolina

In South Carolina, the legal status of Delta-8 products is subject to state law, which prohibits the possession and distribution of most THC products, including Delta-8 THC, regardless of the source. Possessing or distributing Delta-8 THC products in South Carolina can result in various legal consequences, including criminal charges, fines, and potential imprisonment.


In South Carolina, possession of THC (tetrahydrocannabinol), the psychoactive compound in marijuana, is illegal and can result in severe legal penalties. The possession of any amount of THC is considered a criminal offense in the state.

For first-time offenders caught with a small amount of THC, typically considered for personal use, the offense is usually classified as a misdemeanor. Penalties may include fines and potential incarceration for up to 30 days. However, for subsequent offenses or possession of larger quantities, the penalties become more severe.

Possession of larger amounts of THC or intent to distribute can lead to felony charges, which carry heavier fines and longer prison sentences. In some cases, individuals convicted of felony possession may face several years of imprisonment.


Recently business owners have seen themselves facing severe charges like distribution for having certain products in their inventory. Distribution of Delta 8 in South Carolina can lead to felony charges, which may result in substantial fines and lengthy prison sentences. The severity of the penalties depends on various factors, including the quantity of THC involved, the defendant's criminal history, and whether the distribution occurred near certain locations such as schools or parks.

For first-time offenders, penalties may include significant fines and imprisonment for several years. Repeat offenders or those involved in large-scale distribution operations may face even harsher consequences, including lengthy prison sentences.

a woman buying delta 8 products in a smoke shop

Given the legal complexities surrounding Delta-8 THC products, individuals in South Carolina should exercise caution and be aware of the potential legal consequences before possessing or distributing such products. It's advisable to seek legal counsel if facing charges related to Delta-8 THC to understand one's rights and options under state law.

What to Do if You Have Been Arrested for Having Delta-8 Products

If you've been arrested for possessing delta-8 THC in South Carolina, it's crucial to take immediate steps to protect your rights. First, remain calm and cooperate with law enforcement officers. Avoid making any statements or admissions until you've spoken with an experienced attorney. Contact a knowledgeable criminal defense lawyer as soon as possible to discuss your case and legal options.

Next, refrain from consenting to any searches or providing additional information without legal representation present. Your attorney can review the circumstances of your arrest, assess the evidence against you, and develop a strategic defense strategy. Depending on the specifics of your case, they may challenge the legality of the search or pursue other avenues to mitigate the charges against you.

Remember that being arrested does not automatically mean you'll be convicted. With skilled legal representation, you can fight the charges and work toward a favorable resolution. Don't delay—reach out to a trusted attorney today to protect your rights and pursue the best possible outcome for your case.

Schedule a Free Consultation With a Delta-8 Attorney

Facing any drug charge in South Carolina can be a daunting experience, but it's essential to remember that you have legal rights and options. Whether you've been arrested for possession, distribution, or other related offenses, seeking immediate legal guidance is crucial.

At Touma Law Group, we understand the complexities of drug charges and are committed to providing aggressive representation to protect your rights. Our experienced Greenville defense attorneys will meticulously review the details of your case, challenge any illegal search or seizure, and advocate tirelessly on your behalf.

If you're facing delta-8 THC charges in the upstate or greater Columbia area, don't face the legal system alone. Contact us today to schedule a consultation and learn how we can help you navigate this challenging time. With our skilled legal team by your side, you can trust that we'll work tirelessly to defend your rights, pursue the best possible outcome for your case, and strive to minimize the impact of these charges on your future.

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