South Carolina: The land of BBQ, sunny beaches and down-home hospitality. But is the Palmetto State friendly to CBD use? The answer is yes — but with some specific restrictions you should be aware of.
CBD oil is legal for both medical and recreational use in South Carolina.
South Carolina law allows the use of hemp and hemp-derived products like CBD, as long as they fall below the federal legal limit on THC content (0.3%). However, CBD products are not legally allowed to be marketed as dietary supplements, and CBD cannot be added to food products.
CBD Laws in South Carolina: What You Need to Know
The legal status of CBD in South Carolina rests on three key pieces of state legislation: SC S1035, SC H3559, and SC H3449.
Passed in 2014, Senate Bill 1035 was South Carolina’s first piece of legislation that made allowances for medical use of marijuana under some limited circumstances. Under this law:
- Medicinal use of some marijuana derivatives is legal – People with certain medical conditions are allowed to possess and use cannabidiol or other derivatives of cannabis.
- Products must comply with THC and CBD content regulations – These products must contain less than 0.9% THC and more than 15% CBD.
SC House Bill 3559 came next, in 2017. This legislation concerned the creation of the state’s industrial hemp pilot program. This law:
- Establishes the definition of industrial hemp – Hemp is recognized as an agricultural crop.
- Legalizes research on industrial hemp – Universities are legally allowed to conduct research on the growth and cultivation of industrial hemp and hemp products.
- Requires testing of industrial hemp – To address concerns with marijuana being passed off as industrial hemp, the bill created a regulatory framework for testing of industrial hemp crops.
In 2019, House Bill 3449 further refined the state’s policies around industrial hemp. This legislation:
- Established licensing requirements – Hemp cultivation and processing in South Carolina is prohibited without a license. Separate licenses are required for growing and processing. Corrective action plans for growers who violate license requirements were established.
- Expanded licensing opportunities – Current licensed hemp growers were allowed to expand operations, and the Department of Agriculture was allowed to issue new licenses.
Is CBD Legal in South Carolina?
While CBD is legal in South Carolina, there are still a few things to keep in mind when you’re shopping for CBD in the state:
- Choose hemp-derived CBD – South Carolina defines hemp-derived CBD as legal, while marijuana-derived CBD is not. The state is also clear that all forms of delta-8 THC are illegal. To comply with the law, only purchase CBD products that contain less than 0.3% THC.
- Hemp oil vs. CBD isolate – South Carolina’s Department of Agriculture makes a distinction between hemp oil and pure CBD. It considers full-spectrum CBD products to fall under the definition of hemp extracts. Pure CBD or CBD isolate is legal, but can’t be added to foods.
- Hemp oil in foods – South Carolina considers CBD in food products or marketed as a dietary supplement to be illegal under federal law. But because it defines full- and broad-spectrum CBD products as hemp extracts, these are legal food additives in South Carolina. Food products can legally contain hemp extracts, but can’t be labeled as CBD.
Can I Buy CBD in South Carolina?
Yes, you can buy CBD in South Carolina, as long as it contains less than the legal limit of 0.3% THC. However, food products with added CBD and CBD marketed as dietary supplements are not legal in the state.
Can I Buy CBD Online?
Yes, you can purchase CBD online and have it shipped to your home. Online retailers often have a wider variety of CBD products, such as topicals, tinctures and gummies that you may not find in local stores.
But wherever you choose to buy your CBD, do your research and choose a reputable source. South Carolina law is strict in regards to products containing higher levels of THC that are mislabeled as CBD.
To ensure your CBD products are properly labeled, only buy from retailers that stand behind the accuracy of their label and back it up with a certificate of analysis and third-party lab testing. Zebra CBD backs its products with a Label Accuracy Guarantee™, so you can be sure your CBD is:
- Free of pesticides and heavy metal contamination
- Derived only from organically-grown hemp
- Double-tested to ensure potency
Can I Buy CBD at a Dispensary?
Yes, you can buy CBD at dispensaries in South Carolina, as well as many other stores, markets and pharmacies. You do not need a prescription or medical card to purchase CBD from a dispensary.
However, if you have certain medical conditions, you may be able to get a prescription for products containing higher concentrations of THC.
Legal Status of CBD in South Carolina
CBD oil is legal for both medical and recreational use in South Carolina, although it can’t be sold as a food product. There are no legal age limits for purchasing CBD, so you can expect retailers to set age requirements at their own discretion. Most will require buyers to be over the age of 18 or 21.
Finally, keep in mind that the legality of CBD can change at any time, and legislation concerning CBD use is still ongoing. If you decide to buy CBD in South Carolina, be sure to stay up-to-date on the latest laws and regulations.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in South Carolina?
Yes, CBD is legal in South Carolina, provided it is hemp-derived and doesn’t contain more THC than the federal legal limit of 0.3%. It can’t be added to a food product or labeled as a nutritional supplement.
2. How old do you have to be to buy CBD in South Carolina?
There is no law specifically prohibiting minors from purchasing CBD in South Carolina, but you can expect most sellers to require you to be over 18 or 21, depending on the retailer’s policies and the product.
3. Can I sell CBD products in South Carolina?
Yes, you can sell CBD products without a permit, as long as they are hemp-derived and are not marketed as food products or dietary supplements.
Sources:
State of South Carolina Office of the Attorney General. Opinion Letter of October 4, 2021. https://www.scag.gov/media/p5vdm3wi/02729616.pdf
South Carolina Department of Agriculture. Frequently Asked Questions: Hemp. https://agriculture.sc.gov/faq/hemp/
South Carolina State Legislature. South Carolina Senate Bill 1035. https://legiscan.com/SC/bill/S1035/2013
South Carolina State Legislature. South Carolina House Bill 3559. https://legiscan.com/SC/bill/H3559/2017
South Carolina State Legislature. South Carolina House Bill 3449. https://legiscan.com/SC/bill/H3449/2019
