Delta-8 regulations in South Carolina are currently uncertain. While it is federally legal in the United States, states can regulate its use and sale. South Carolina has not passed any definitive laws or regulations specifically addressing Delta-8 products.
However, some of South Carolina's local governments have banned the sale and use of Delta-8 THC products within their city's legal limits. It is unclear whether Delta-8 products in South Carolina are legal and may be subject to local regulations. The state legislature may address Delta-8 regulation shortly. Consumers should be aware of local laws that may affect their purchase and use of Delta-8 products in South Carolina. It is also important to note that federal law could still apply, so caution is advised when dealing with these products.
What is Delta-8 THC?
Delta-8 THC is a cannabinoid found in the cannabis plant. It is similar to delta-9 THC, the most well-known and studied form of THC. Delta-8 has about two-thirds of the psychoactivity of delta9 and offers a milder high with fewer anxiety-producing effects. Delta-8 has been gaining popularity due to its potential therapeutic benefits, such as providing pain relief, reducing inflammation, calming effects, and promoting sleep.
Why is Delta 8 Popular in South Carolina?
Selling Delta-8 THC has become popular in South Carolina for its medicinal benefits like medicinal marijuana. Delta-8 is a naturally occurring cannabinoid found in hemp plants that is similar to Delta-9 THC, but it has fewer psychoactive effects and makes it more appealing to medical patients. It has been shown to help relieve chronic pain, reduce inflammation, reduce anxiety and depression, increase focus and concentration, improve sleep, suppress nausea and vomiting, and promote overall well-being.
As more research is conducted on Delta-8's therapeutic potential, it continues to gain popularity in South Carolina.
Summary Delta-8 Regulations in South Carolina
Delta-8 is a derivative of the hemp-derived cannabinoid known as delta-9 THC, and it has recently become popular in many states for its mild psychoactive effects. In South Carolina, however, the legal status of Delta-8 is still unclear. Currently, there are no specific regulations governing Delta-8 usage or sale in the state.
Under federal law, Delta-8 is legal, but local governments are allowed to regulate it. In 2019, the city of Charleston passed an ordinance that banned the sale and use of Delta-8 THC within city limits. Consumers should be aware of any local laws that may affect their purchase and use of Delta-8 products in South Carolina. It is also important to note that any sale or use of Delta-8 products in the state could be subject to federal law, so it is always best to err on the side of caution when dealing with these products.
Cannabis Plants and Hemp Derivatives
Cannabis plants and hemp derivatives have become increasingly popular in recent years due to their versatile uses and potential health benefits. In South Carolina, the sale, possession, and use of cannabis plants and hemp-derived products are subject to certain regulations.
The South Carolina Department of Agriculture regulates both the cultivation and production of industrial hemp. Industrial hemp is defined as any variety of cannabis sativa with a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3 percent on a dry weight basis.
Legal hemp products are also subject to various hemp regulations, including labeling and testing requirements, as well as restrictions on the sale and possession of certain products containing hemp-derived compounds or cannabis derivatives.
Plant Source of Delta-8 THC
In South Carolina, the legality of Delta-8 THC is unclear. While Delta-8 THC is considered a federally illegal substance under the Controlled Substances Act, some state laws may provide exceptions or exemptions for certain forms of cannabis. For example, South Carolina has allowed for hemp-derived CBD and other cannabinoids with 0.3% THC or less to be sold legally in the state.
Delta-8 THC is derived from hemp plants, and it can be extracted from the flowers or leaves of the plant. It is then processed into oil or other forms of concentrates, such as waxes and shatters. A wide selection of Delta-8 products are also available in vape shops, online stores, and gas stations as vape pens, vape cartridges, vape liquids, edibles, Delta-8 gummies, and tinctures.
While it is legally allowed to possess hemp-derived forms of Delta-8, it is still important to be aware of any local laws that could affect the sale and use of Delta-8 products in South Carolina.
Legal Status of Hemp Derivatives in South Carolina
The legal status of hemp derivatives in South Carolina is somewhat complicated. Hemp-derived products are now legal in the state, but there are some restrictions and regulations that must be followed.
Hemp was legalized in South Carolina with the passage of the South Carolina Industrial Hemp Program Act (Act 272) in 2017. This act made it legal to grow, process, handle, and market hemp and hemp-derived products in the state. However, all hemp products must contain 0.3 percent or less of THC to be legally sold in South Carolina.
Federal Level vs. State Level Legality of Hemp Derivatives
Even though hemp-derived products are legal under federal law, individual states may have their regulations when it comes to hemp derivatives, including Delta-8. Currently in South Carolina, state law does not explicitly address the legality of Delta-8 and other hemp derivatives, but there is some indication that such products may be treated similarly to traditional cannabis products.
At the federal level, the legality of Delta-8 THC is somewhat unclear. The Drug Enforcement Agency (DEA) has stated that Delta-8 products are classified as Schedule I controlled substances and are subject to federal enforcement action. Therefore, consumers should be aware of any possible local regulations before purchasing or using Delta-8 products in South Carolina.
Levels for Hemp-Derived Cannabinoids
The South Carolina Department of Agriculture has set specific levels for hemp-derived cannabinoids to ensure the safety and quality of products sold in the state. All delta-8 products must contain less than 0.3% delta-9 THC, as set by the agency's Industrial Hemp Pilot Program regulations. This is slightly lower than the hemp industry in other states, which typically allows a maximum of 0.5% delta -9 THC in hemp-derived products.
Understanding the THC Level Requirements for Hemp
In South Carolina, the legal limit for delta-8 THC in hemp products is .3% by volume per dry weight. Any product exceeding this amount cannot be sold or consumed in the state. Possession of an illegal amount by law enforcement officials may result in charges of simple possession or possession with intent.
The state of South Carolina has also implemented several other regulations designed to control the sale and consumption of hemp products. These regulations include labeling requirements, testing protocols, and restrictions on where hemp-derived products can be sold.
Maximum Amounts of THC Allowed with Hemp Products
In South Carolina, hemp products are regulated by the Hemp Farming Act of 2018. This act allows for the legal sale and production of hemp products that contain no more than 0.3% Delta-9 THC, as mandated by the United States Department of Agriculture.
However, Delta-8 THC is not specifically mentioned in this legislation. As such, it is unclear what restrictions may be placed on the sale and use of Delta-8 products in the state.
For More Information Call Touma Law Group Today!
If you need information on Delta-8 regulations in South Carolina, we can help. At Touma Law Group, we focus on helping clients understand current and emerging regulations for Delta-8. We have experience with state laws and stay updated on Delta-8 THC legality and Delta-8 THC market developments.
Our attorneys can guide you on complying with Delta-8 THC's legal status and hemp product laws in South Carolina. Contact us for more information.