Is Delta 8 Legal in South Carolina?

If you live in South Carolina and are looking to purchase Delta 8 but wondered, "Is Delta 8 legal?", well you're in luck!


Since both hemp laws in South Carolina are parallel to Federal laws and regulations, Delta 8 THC products are readily available, and you can easily buy Delta 8 THC products in the state.


Let's dive right in and take a look at the legal stance that South Carolina has taken in regard to hemp products like Delta 8 THC and review some of the best places to buy high-quality Delta 8 products.


is Delta 8 legal in South Carolina

Is Delta 8 legal in South Carolina?

Yes, hemp-derived cannabinoids like Delta 8 THC are legal for South Carolina residents to use, possess, sell, distribute, produce, and manufacture under state law. Hemp cultivation and the sale of hemp-derived compounds took off in the state since becoming legal in 2019.


When it comes to the question of "Is Delta 8 legal in South Carolina?", there are certain factors and regulations that make this possible. South Carolina, like many other states, has its own set of laws and regulations surrounding cannabis products, including Delta 8 THC.


South Carolina state laws surrounding industrial hemp have been aligned with federal law since the passing of South Carolina's House Bill 3449 in 2019. This house bill in conjunction with the Agriculture Improvement Act, often referred to as the 2018 Farm Bill aligned to make industrial hemp and hemp derivatives legal in the state with a legal limit of no more than 0.3% Delta 9 THC on a dry weight basis.


Legislative History of Delta 8 in South Carolina

Delta 8 has been legal since the passing of the Farm Bill at the federal level and then officially legal in 2019 at the state level with the passing of South Carolina House Bill 3449, Delta 8's legal status has been put into question.


In October of 2021, the South Carolina Office of the Attorney General questioned the legality of Delta 8 THC in an opinion that was issued. Essentially the South Carolina Law Enforcement Division (SLED) and the Attorney General stated that they believed that Delta 8 was not included in the Hemp Farming Act, therefore making Delta 8 illegal in the state.


Assistant Attorney General, David Jones confirmed that the state does in fact consider Delta 8 THC as unlawful. Luckily these laws are not amended, and this is simply an opinion. Only time will tell if the federal government and Drug Enforcement Agency (DEA) shift changes to the legal standing of Delta 8. Until then, Delta 8 remains legal in South Carolina.


where to buy delta 8 in South Carolina 

Where to buy Delta 8 THC in South Carolina?

Even though you can find Delta 8 THC in South Carolina's major cities such as Charleston, North Charleston, Columbia, and Myrtle Beach, many choose to bypass their local vape shop and instead shop online, having their products shipped to their door.


Not only is buying Delta 8 online easier, but it is also cheaper and gives you far more options, allowing you to fully vet and find a reputable retailer. Truth be told, there are low-quality sometimes shady companies selling Delta 8 THC in Louisiana. You should be cautious of convenience stores, smoke shops, gas stations, and some CBD stores selling subpar products.


Quality and transparency should be paramount when shopping for anything that you will be putting in your body. Everyday Delta not only believes this but is committed to vetting every single vendor they carry to prevent low-quality, contaminated, improperly labeled, or dangerous cannabis products from ever ending up in customers' hands.


You also have the ability to preview every third-party lab test to confirm the products you are buying are pure, safe for consumption, and meet all federal legal requirements. These test results protect consumers and give them peace of mind that the products they are consuming do not contain harmful chemicals and by-products.


Which product types are not legal in South Carolina?

Not all THC products are treated equally under South Carolina state law. Marijuana remains illegal in the state. This means that all marijuana and marijuana-derived THC products are illegal to possess, use, distribute, and sell unless for medical cannabis purposes.


Delta 8 products are legal as long as they are derived from hemp plants and carry no more than the 0.3% Delta 9 THC content outlined by federal law. Any products carrying more than this THC content are considered marijuana and are controlled substances and therefore illegal under state and federal law.


Is recreational marijuana legal in South Carolina

Is Recreational Marijuana Legal in South Carolina?

No. Recreational and medical marijuana is not currently legal in South Carolina.


While some states have embraced the legalization of recreational marijuana, South Carolina maintains a different stance. Recreational cannabis remains illegal in South Carolina, meaning that the use, possession, and distribution of marijuana are prohibited and are still considered controlled substances and remain in Schedule I of the Controlled Substances Act.


If found in possession of less than an ounce of marijuana as a first-time offender, you could be charged with a misdemeanor, which can result in a prison sentence ranging from 30 days to 6 months, and a fine of $200. If you're convicted of additional marijuana offenses again, you could face jail time of up to a year.


Is Medical Marijuana Legal in South Carolina?

No, even though 72% of Palmetto state voters were in favor of legalizing medical marijuana South Carolina does not have a medical cannabis program like many other states.


They instead allow low-THC, high-CBD oils by licensed growers and manufacturers after the passing of Senate Bill 1035 (otherwise known as Julian’s Law) in 2014. These medical cannabis oils are legally permitted to carry up to 0.9% THC and can only be prescribed by a licensed physician for the treatment of severe epilepsy. 


Is Weed Decriminalized in South Carolina?

No, although some states in the US have relaxed their penalties on THC or even decriminalized its possession in certain cities South Carolina still remains strict on its marijuana laws. The possession of cannabis in South Carolina will land you at least 30 days in jail.


First-time offenders finding themselves with a simple possession charge might be allowed to enter a pre-trial intervention program or even join a drug abuse program to reduce their penalties. That's a far way away from some of the decriminalization that we've seen in other states.


future of Delta 8 in South Carolina

What Does the Future of Delta 8 THC Look Like for South Carolina?

With constantly evolving cannabis laws, just because Delta 8 THC is legal today in the eyes of the state and federal government doesn't mean that it won't become a controlled substance in the future. However, for cannabis users in South Carolina, there is positive news. There is currently there is no upcoming legislation tied to the cannabis plant on the horizon that could alter the legality of Delta 8.


We see the future of hemp products like Delta 8 and the cannabis industry as a whole depending on retailers selling only the best Delta 8 THC products backed with lab reports that show compliance with federal laws. Failure to do this will likely hurt the legal hemp industry and could pose a public safety concern which would spark further regulations and restrictions.


Frequently Asked Delta 8 Questions?

frequently asked questions

Is Delta 8 THC legal in South Carolina?

Yes, Delta 8 derived from the hemp plants is legal in the eyes of the state and federal law as long as it is derived from the plant cannabis sativa. Hemp refers to any component containing THC not exceeding the federally defined THC level of 0.3% Delta 9 THC on a dry-weight basis.


Is CBD legal in South Carolina

Yes, CBD (cannabidiol) is legal in South Carolina under certain conditions. The state has adopted legislation that allows for the use of CBD products derived from industrial hemp containing no more than 0.3% Delta 9 THC.


Can you pass a drug test with Delta 8 THC in South Carolina?

No, even though hemp Delta 8 is legal, it is a form of THC. THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from hemp or THC derived from marijuana.


Can you travel to South Carolina with Delta 8? 

Yes, since hemp-derived Delta 8 THC is legal in South Carolina you can travel with it within the state. You cannot travel to or possess marijuana or marijuana-derived THC while in South Carolina.


Is possession of Delta-8 a felony in South Carolina?

No, hemp-derived Delta-8 THC remains fully legal in both state and federal law ever since the passing of the 2018 Farm Bill.


What happens if I get pulled over in South Carolina with Delta-8?

No, even though Delta 8 THC is legal, it is a form of THC. THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from the hemp plant or THC derived from marijuana.


Final Thoughts, Delta 8 in South Carolina

Determining and understanding which THC products are legal in South Carolina can be complex, as state and federal laws intersect with the evolving cannabis industry. This makes it essential to stay informed about the current legal status of these hemp-derived cannabinoids and the restrictions and regulations that apply to them.


While Delta 8 THC may be legally available in South Carolina, it is important to ensure compliance with all applicable laws and regulations. This includes purchasing Delta 8 THC products from reputable online sources like Everyday Delta which prioritizes quality, safety, and compliance.


Enjoy buying and using Delta 8 THC in the Palmetto State!



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