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CBD Oil in South Carolina
Sometimes people (and governments) are confused about the differences between CBD, hemp, and marijuana. They are not all one in the same. CBD is a substance that can be extracted from cannabis plants—hemp and marijuana are both cannabis plants (and can appear identical) but they have different chemical properties. Hemp, by legal definition, contains far less tetrahydrocannabinol (THC) than marijuana. (THC is the psychoactive chemical in marijuana that causes a “high.”)
While CBD products can be made from either plant, Most CBD products that are legally available to the general public are derived from the hemp plant, not the marijuana plant.
Hemp was once a widely utilized crop in the American colonial era and was popular in South Carolina at that time. It was used for a surprising number of products, including rope, paper, and cloth! But hemp was banned (along with all other forms of cannabis) in 20th century. Only recently has federal law made a distinction between the two crops, allowing hemp to be removed from the Controlled Substances Act (CSA) under which marijuana remains highly restricted.
With the passage of the 2018 Farm Bill, signed into law by President Donald Trump in December of that year, the crop is entering a period of industrial rebirth across the United States.
While federal agencies like the FDA and USDA often work in an administrative role when it comes to hemp, under the structure of the US legal system, each state retains the power to establish its own legal framework regarding hemp and CBD oil. This includes permitting systems, pilot programs, and regulatory requirements. When it comes to the legal status of hemp, hemp derived products, and CBD in general, this can mean different things in different states.
You may be wondering what the situation looks like in South Carolina. Well, you have come to the right place for answers. Read on!
Is CBD Oil legal in South Carolina?
Yes, if it is made from legally recognized hemp, it is legal within the state of South Carolina. Some states have yet to bring their legal framework in to alignment with federal law regarding hemp and hemp-derived CBD. Luckily for residents of the Palmetto State, this is not the case here.
Because South Carolina has largely brought their legal framework into alignment with federal laws, regulations, and guidelines regarding hemp, you can legally purchase, possess, or consume hemp-derived CBD oil in South Carolina.
(As is the case across the rest of the United States, this does not currently extend to food and beverage products.)
The legality of a CBD product largely depends on the concentration of THC found within the product. As long as the product does not exceed the federal definition for hemp, it is legal for residents of South Carolina and cannot intoxicate or altar the cognitive state of users.
What are the current CBD laws in South Carolina?
Several years ahead of the passage of the 2018 Farm Bill, Governor Nikki Haley (R) signed S 1035 (known as “Julian’s Law”) which permits children with intractable epilepsy and other debilitating causes to use medical cannabis if recommended by a licensed physician.
S 839, signed into law by Governor Haley on June 2, 2014 made the legal distinction between marijuana and hemp. This move cleared the way for future legislation related to the re-industrialization of hemp and ensured that when federal law was updated in 2018, South Carolina was already in alignment with it.
HB 3559, or the Industrial Hemp Bill, was signed into law by Governor Henry McMaster (R) on May 10, 2017 and established the state’s Industrial Hemp Program, allowing legal cultivation to move forward.
After the passage of the 2018 Farm Bill, South Carolina brought its state laws regarding hemp into alignment with federal laws. In 2019 South Carolina passed HB 3449, known as the Hemp Farming Act, which further removed limits on hemp cultivation. Governor McMaster signed HB 3449 into law on March 28, 2019.
Prior to this, growing was severely restricted to limited number of acres and permit holders.
Today, South Carolina’s framework for hemp and hemp-derived CBD is amicable with that of federal law. It should be noted however that CBD derived from marijuana remains illegal for consumption by the general public in South Carolina.
Can I purchase CBD in South Carolina?
Yes, indeed you can. It is legal for members of the general public to purchase and use hemp-derived CBD products in South Carolina, so long as the products are not considered food or beverages and adhere to legal requirements about THC concentration (products must contain no more than 0.3% THC). You can find legal CBD products across the Palmetto State in a variety of retail and convenience environments. But you can also order CBD from online retailers as well!
At Highland Pharms, we offer a wide selection of CBD products that range from tinctures, to capsules, lotions, creams, and even pet treats. All of our products can be legally purchased by residents of South Carolina and shipped directly to their doors.
Whether you are in Columbia, Greenville, Charleston, or Rock Hill, Highland Pharms is ready to ship our cleanly and legally produced hemp-derived CBD products. We hope you will place an order with us today!
Sources:
Hemp – South Carolina Department of Agriculture (sc.gov)
Hemp Farming Program – South Carolina Department of Agriculture (sc.gov)
Hemp CBD Across State Lines: South Carolina – Canna Law Blog™ (harrisbricken.com)
House panel clears hemp bill in final meeting of session (tampabay.com)
South Carolina State Hemp Laws and Hemp Farming Legislation | Vote Hemp
2013-2014 Bill 1035: Medical Cannabis Therapeutic Treatment Research Act (scstatehouse.gov)