Is Delta 8 Legal in South Carolina?

Delta-8 tetrahydrocannabinol, commonly known as delta-8 THC, and many other hemp products have exploded in popularity across the United States in recent years. This relative of delta-9 THC, found in cannabis, has less strong effects. It is said to give a mix of THC's buzz and CBD's relaxation.

But the rapid emergence of delta-8 products on the market has led to confusion around its legal status, especially at the state level. So is delta 8 legal in South Carolina? Here’s what you need to know.

Delta legal in SC

Federal Law Regarding Delta 8 THC

Marijuana is illegal at the federal level in the U.S. However, hemp plants with low levels of THC were legalized nationwide through the 2018 Farm Bill. This legislation removed hemp and its derivatives, like CBD, from the legal definition of marijuana.

Importantly, the farm bill bases THC limits on delta-9. Delta-8 derived from legal hemp is not mentioned. This has created a gray area where delta-8 exists in a federally legal yet uncontrolled status, allowing it to proliferate in CBD shops and online stores across the nation.

South Carolina State Law

So federal law permits delta-8, but individual states can still restrict it under their own laws. Here’s what South Carolina’s current laws say regarding hemp-derived products like delta-8.

South Carolina legalized hemp farming act under its 2019 Industrial Hemp Pilot Program, aligning with federal regulations. Federally defined thc level for hemp using the same 0.3 percent dry delta-9 THC threshold on a dry weight basis. The state also legalized medical marijuana in 2021 for select conditions like cancer, multiple sclerosis, and epilepsy. Recreational cannabis remains illegal.

Notably, South Carolina’s hemp laws do not impose any limits or restrictions specific to delta-8 THC. And the state has not issued any formal stances classifying delta-8 derived from hemp as illegal. This suggests that delta-8 currently falls into a gray area of legality just like under federal law.


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Attorney General’s Office Weighs In

While not legally binding, the South Carolina Attorney General’s Office issued an opinion in 2021 that delta-8 made from legally grown hemp would be legal in the state.

The opinion states that “delta-8 THC is an isomer of delta-9 THC” and should thus be considered legal if sourced from hemp crops under the 0.3% delta-9 THC threshold. However, the Attorney General’s Office noted delta-8’s unregulated status creates confusion and “unscrupulous businesses” may try to sell delta-8 illegally derived from marijuana instead of hemp.

Delta 8 Products Currently Sold in South Carolina

Walk into many CBD stores and vape shops in South Carolina and you’ll find a wide range of delta-8 products, from tinctures and gummies to vape cartridges and flower. Delta-8 brands often source from legally compliant hemp and test their products to validate THC levels.

Online delta-8 companies like Triangle Hemp Wellness also ship quality, lab-tested products directly to South Carolina residents. With competitive pricing, excellent customer service, and a commitment to transparency, Triangle Hemp Wellness is a reputable source for delta-8 THC that can legally ship across South Carolina.

Potential for Future Regulation

While currently permissible, delta-8’s legal gray area status creates uncertainty about whether South Carolina or the federal government may eventually impose new regulations. For now, South Carolina residents can legally buy, possess and use delta-8 products according to state cannabis laws. But it’s smart to stay updated in case of any policy changes.

In summary, delta-8 THC sits in a legal gray area but appears permissible under South Carolina law when derived from hemp containing less than 0.3% delta-9 THC. Yet the market remains unregulated, so buyers should research brands carefully and start with caution when trying delta-8 products.

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