Is Delta 8 THC Legal in South Carolina?

YES - Delta 8 THC is Legal in South Carolina

The legal status of Delta 8 THC in South Carolina can be somewhat confusing due to conflicting interpretations of the law. As of the most recent information available, Delta 8 THC is federally legal under the 2018 Farm Bill, which allows hemp-derived cannabinoids, including Delta 8 THC, provided they contain less than 0.3% Delta 9 THC on a dry weight basis. South Carolina does not have specific laws that contradict this federal legislation, which implies that Delta 8 THC can be purchased without a medical card or license and is available to individuals over the age of 21​.

However, the situation is complicated by the South Carolina Attorney General’s Office, which issued an opinion in October 2021 stating that Delta 8 THC is not legal under the state’s Hemp Farming Act. This act does not explicitly cover Delta 8, leading to an interpretation that it remains a controlled substance unless specifically exempted, which the act does not do for Delta 8 THC​​. Despite this opinion, there does not appear to have been any significant legal action or enforcement against Delta 8 THC sellers or consumers based on this interpretation​.

The legal ambiguity extends to the manufacture and sale of Delta 8 THC products in South Carolina. While Delta 8 products are widely available and sold in the state​, business owners and consumers should proceed with caution. Local ordinances in several municipalities may further complicate the legal landscape, defining synthetic marijuana in ways that could potentially encompass Delta 8 THC and impose restrictions on its sale or possession​.

Given this complex legal framework, it's recommended for individuals and businesses dealing with Delta 8 THC in South Carolina to stay informed about the latest legal developments and consider consulting legal counsel to navigate the uncertainties effectively. The state's legislation and law enforcement's stance on Delta 8 THC may evolve, impacting its legal status and the regulatory environment surrounding its sale and use.

Legal Status of Delta 8 THC in South Carolina

The legal status of Delta 8 THC in South Carolina involves interpretation of federal and state laws, particularly the 2018 Farm Bill and South Carolina's Hemp Farming Act.

Federal Context:

The 2018 Farm Bill legalized hemp and its derivatives at the federal level, provided they contain less than 0.3% Delta 9 THC on a dry weight basis. This legislation effectively removed hemp-derived cannabinoids, including Delta 8 THC, from the Controlled Substances Act, provided they meet the specified THC concentration threshold.

South Carolina's Legal Framework:

• Hemp Farming Act: South Carolina's response to the federal legislation was the Hemp Farming Act, which aligns with the federal definition of hemp, recognizing it as any part of the Cannabis sativa L. plant with a Delta 9 THC concentration of not more than 0.3 percent on a dry weight basis. This act was seen as opening the door for hemp-derived products, including Delta 8 THC, assuming they adhere to the THC concentration limits.
• Attorney General's Opinion: Despite the above, the South Carolina Attorney General's Office issued an opinion in 2021, interpreting the Hemp Farming Act as not explicitly legalizing Delta 8 THC. This opinion suggests that Delta 8 THC could be considered illegal under state law because it is not explicitly exempted by the Hemp Farming Act​​.

Legal Ambiguity and Enforcement:

This interpretation by the Attorney General has not led to widespread enforcement actions against Delta 8 THC products in the state, indicating a level of legal ambiguity. Delta 8 THC products remain available for purchase throughout South Carolina without the need for a medical cannabis car​d. However, this legal uncertainty means that businesses and consumers engage with Delta 8 THC products at their own risk, potentially facing legal challenges until the law is clarified.

Local Ordinances:

Adding another layer of complexity, various municipalities in South Carolina have enacted ordinances that may affect the sale and possession of Delta 8 THC. These local laws sometimes define synthetic marijuana in broad terms that could encompass Delta 8 THC, leading to a patchwork of regulations across the state​.

Conclusion:

The current legal status of Delta 8 THC in South Carolina highlights the complexities of cannabis regulation, where federal, state, and local laws intersect and sometimes conflict. Until there is further legislative clarification or judicial interpretation in South Carolina, the legality of Delta 8 THC remains a contentious issue, with businesses and consumers navigating a landscape of legal uncertainty. Stakeholders are advised to stay informed of legal developments and consider consulting legal experts to navigate the evolving regulatory environment concerning Delta 8 THC in South Carolina.