Is CBD Oil Legal in South Carolina?
Yes! Hemp-derived CBD oil is legal to purchase and sell in South Carolina (SC). As long as the THC content is under 0.3 percent and it is not added to food products, CBD oil is legal in the state.
The question, “is CBD oil legal in South Carolina?” might seem like a simple yes or no question, but there’s so much more to it. Like a lot of achievements, hemp legalization in South Carolina encompasses its fair share of milestones and setbacks. It’s also been pretty recent since hemp cultivation was officially legalized, making it a hot topic of debate and discussion in the area.
The Road to Hemp Legalization in South Carolina
As they say, it’s all about the journey. South Carolina’s journey to CBD legalization consists of legislation and events that have sparked progress and even brought some roadblocks that need more time for development.
2014 – Julian’s Law/S1035/H4803
In 2014, Governor Nikki Haley signed Senate Bill 2015, also known as Julian’s Law. This bill allowed children with a certain debilitating medical condition to be treated with CBD oil if recommended by a physician. The legislation specified that the CBD oil must have a minimum of 98 percent CBD and a THC level of no more than 0.9 percent. It also stipulated that the CBD oil must be obtained from the Medical University of South Carolina.
Julian’s Law also opened up the opportunity for physicians to participate in a statewide medical study of CBD oil for other medical conditions.
2017 – Industrial Hemp Pilot Program/H3559
The state officially decided to heighten its crop diversity by legalizing industrial hemp cultivation in May 2017. In accordance with the 2014 Farm Bill, a pilot program was established to carry this out. This program authorized up to 20 growing permits for the first year and 40 for the second and third year. Each permit holder was allowed to grow up to 20 acres of industrial hemp for research purposes.
The number of permits granted in the years following would be determined by the Department of Agriculture and institutions of higher learning. It would be in the spring of 2018, where the state’s first 20 contingent cultivators would begin sowing hemp seeds. Interest in the program was strong, with 131 applicants during the first year.
2018 – Farm Bill & South Carolina’s Hemp Farming Act
The Farm Bill, signed by President Donald Trump in December 2018, removed hemp from the Controlled Substances Act (CSA), created wider access to growing licenses and allowed financial institutions to securely conduct business with hemp companies.
South Carolina jumped on board with this bill. Governor Henry D. McMaster signed the Hemp Farming Act, which lifted limits on hemp cultivation. It specifically:
Granted eligibility to anyone who previously applied for a grower permit under the previous pilot program to grow hemp in SC, provided they pass a background check.
Removed the cap on cultivated acreage.
Removed pilot program’s requirement that growers receive a letter of intent from an approved college or university.
The state permitted 113 growers to plant hemp across approximately 3,300 acres in 2019. And per the 2018 Farm Bill, as long as the THC content is under 0.3 percent, it is legal.
2019 – SC Regulators Set Boundaries on CBD
On February 20, 2019, the South Carolina Department of Agriculture (SCDA) made a statement that drew a line between what was legal and what wasn’t legal when it came to specific conditions around CBD. SCDA claimed CBD itself is legal but not when it’s added to “any human or animal food products for public sale,”
Derek Underwood, Assistant Commissioner of Consumer Protection, explained that until clinical studies can prove that CBD food items are safe and the FDA approves the research, they’ll remain illegal in the state. As a result, South Carolina CBD shops began halting their CBD food products, sticking to selling their non-food CBD products like tinctures.
Looking Ahead in South Carolina
With the legalization of hemp, SC legislators are now considering the possibilities of its sibling plant, marijuana. In September 2015, the Senate Medical Affairs subcommittee unanimously approved a bill that would create a medical marijuana program, but it did not pass.
The South Carolina Compassionate Care Act was proposed in 2018. If it’s signed into law, it would allow individuals with qualifying medical conditions to use medical marijuana. Specifically, it would provide this group with two ounces of marijuana, or an equivalent derivative, every two weeks. No final decisions have been made yet. It advanced to the SC House and Senate in 2019, but the legislative session concluded before the bill could be debated. The deadline to pass it has been pushed to 2020.
Where Can I Find CBD Oil in South Carolina?
South Carolina residents can get CBD products in brick-and-mortar shops throughout the state and from shops online. There are also smoke shops and food stores that carry CBD oils.
Because of the rapid growth and interest of CBD, hemp festivals, like the Lowcountry Hemp Festival, have been popping up in the state to raise more awareness and educate people on the supplement.
Stay Vigilant and Updated with Hemplucid
So is CBD legal in SC? Yes. Will it always remain this way? Maybe. As the CBD industry continues to change, so can state laws. Wherever you live, it’s always important to keep yourself updated with the latest news around CBD in your state to ensure you’re taking the right steps.
Committed to helping you make educated decisions, Hemplucid stays rooted in transparency and ensures our products stay within legal boundaries. So be sure to check out our Full-Spectrum and zero-THC products. Each of our items come with a QR code that gives you access to their Certificate of Analysis (COA).
Is CBD oil legal in South Carolina? Yes! Learn everything you need to know about the legality of hemp in South Carolina. Be sure to check out our products.
CBD and Hemp Legality in South Carolina: South Carolina Hemp Laws
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on South Carolina Hemp Laws and the legality of CBD in South Carolina, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
Is CBD legal in South Carolina?
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in South Carolina
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in South Carolina?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
South Carolina hemp laws permit the cultivation of hemp, but not for the purpose of making CBD. CBD is not legal in South Carolina, and smokable hemp flower is explicitly illegal. Smokable hemp flower is also illegal in Louisiana, Indiana, North Carolina, and Kentucky!
Is It Legal to Ship PCR Hemp Oil to South Carolina?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill. However, once it arrives, South Carolina hemp laws take effect and the product could be considered illegal. Smokable hemp flower is explicitly illegal in South Carolina.
Where to Buy Full Spectrum CBD Oil in South Carolina?
Smokable hemp and CBD products are not legal in South Carolina and selling or possessing them could lead to criminal penalties. Despite this, some do take the risk and order CBD and hemp online. There are also CBD stores in South Carolina selling products despite their illegal status. Enforcement relies entirely on state and local government so while you can buy CBD in South Carolina online or in stores, South Carolina hemp laws do not consider this to be legal!
Do you need a special license to purchase PCR Hemp Oil in South Carolina?
You don’t need a special license to purchase CBD hemp oil (all types) in South Carolina, only to grow, test, or sell products.
How Does South Carolina Legally Define Hemp?
‘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: General Information. South Carolina Department of Agriculture.
Growing and Selling Hemp in South Carolina
South Carolina hemp growers and handlers must be registered and licensed with the state. and comply with HB3449 and the state’s hemp farming plan, the South Carolina hemp laws.
Hemp crops must comply with South Carolina hemp laws:
- Products must contain no more than 0.3% THC
- The THC must be reported as “total THC”
- Products must come from a registered farm
- Products must be tested by a DEA-registered laboratory
In addition to South Carolina state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. South Carolina actually defers to federal law when it comes to CBD products.
The state publishes a guide to explain what is and is not legal under South Carolina hemp laws: Hemp Products in Human Food Quick Guide. According to that guide, no CBD products are legal in South Carolina. Only products like hemp health foods and hemp textiles are legal hemp products. Hemp oils cannot be CBD oils or make CBD claims, these oils that are legal are like cooking oils.
South Carolina state hemp laws allow for only hemp products such as:
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
CBD is available in South Carolina, however, under South Carolina hemp laws CBD products are illegal. Smokable hemp is explicitly illegal as well.