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Is CBD Oil South Carolina Legal In 2021? Where To Buy It?

Cannabidiol is a substance that can be found in cannabis. CBD is now a trend in the medical industry because of its therapeutic benefits including relief from anxiety, reduction of some forms of pain, and prevention of seizures. Even if it doesn’t have any psychoactive effects and it has a lot of health benefits the status of Cannabidiol is a complicated one. It varies from place to place. With Cannabidiol establishing itself as an industry of its own and growing vastly in the health and wellness market, it is natural for residents to wonder where one could easily score this compound praised for having many health benefits.

The South USA has been slow to move towards legalizing cannabis, and SC is no exception to that rule. This conservative state has restricted the use and selling of these. Marijuana for medical and recreational purposes is illegal in SC. Possession of this is a criminal offense. First-time offenders can face up to 30 days in jail and a maximum of $565 fine for possession of it.

But for certain patients, low-tetrahydrocannabinol is allowed to treat terminal or chronic illnesses like epilepsy as long as it has a recommendation from a physician licensed by the state.

Like other states in the USA, Cannabidiol stores are popping in many towns and cities inSC. Is it illegal? If yes. What are the limitations? Where can you buy Cannabidiol in SC?

Is CBD Oil Legal in South Carolina?

Yes, CBD is okay to buy and sell in SC but there is a specific limitation in the state that only if these products are derived from hemp plants. The state’s cannabidiol laws are a lot as with the federal law because it centers around whether CBD contains less than 0.3% THC and has been derived from hemp.

There is a distinction between marijuana and industrial hemp. In alignment with the federal law, it considered anything with more than 0.3% tetrahydrocannabinol to be illegal and anything with less than 0.3% tetrahydrocannabinol to be hemp. Hence, everything that had been derived from industrial hemp is considered legal.

This also means that cannabis-derived cannabidiol products are considered illegal in the state.

For the summary, these are the guidelines for determining the legal CBD products:

  • It should be from a hemp plant
  • Should have less than 0.3% tetrahydrocannabinol concentration
  • CBD-derived products should only be prescribed as medication.

If they meet all the above requirements, they can be legally possessed, sold, and consumed in SC. The board also requires people who want to produce Cannabidiol or grow hemp plants to be licensed by the state.

Hemp-derived CBD can now be sold at stores throughout the place. SC hasn’t specified limits on how much CBD you are allowed to buy, consume, or possess. Hence, hemp-derived CBD is somewhat unregulated in this state.

But still, it is illegal to have marijuana for recreational purposes with or without a medical marijuana ID card. Possessing and selling an illegal Cannabidiol such as marijuana has offense penalties that go up to 10 years in prison and up to 10,000USD fine. It is important to note that marijuana is illegal in SC whether it is for medical and recreational purposes.

Cannabidiol that are recommended for epilepsy, seizure disorders, and other health cases are authorized under a separate SC law. The State allows people to use Cannabidiol products as long as they have a recommendation from a licensed physician.

You can legally possess Cannabidiol products if you are:

  • Suffering from Lennox-Gastaut Syndrome, Dravet Syndrome, other critical epilepsy.
  • It cannot be treated by other medicines unless Cannabidiol.
  • Have a recommendation from a physician or doctor of osteopathy from SC.

Thinking about buying CBD oil South Carolina but not so sure if it is CBD legal? Read on to discover is CBD legal in South Carolina in 2021.

Hemp CBD Across State Lines: South Carolina

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA.

This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp. Our attorneys track these developments in real-time on behalf of multiple clients, and we provide a 50-state matrix showing how states regulate hemp and hemp products.

In light of the rapidly evolving legislative changes, we are also presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (Hemp CBD). Today we turn to South Carolina.

Before the enactment of HB 3449 in March 28, 2019, the cultivation of hemp was strictly limited in South Carolina. Indeed, the South Carolina Department of Agriculture (“SCDA”), which oversees the production of hemp, could only issue licenses to 40 applicants who were each limited to growing no more than 40 acres of hemp.

In addition to expanding the total number of licenses available and the number of acres that could be cultivated, the new law also gave SCDA regulatory authority over “hemp products”, defined as:

all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.”

Yet, HB 3449 provides that “[t]he provisions contained in this chapter do not apply to the possession, handling, transport, or sale of products and extracts, including those containing hemp-derived cannabinoids, including CBD” and further specifies that “[n]othing in this chapter authorizes any person to violate any federal or state law or regulation.”

Therefore, this statutory language suggests that the sale of Hemp CBD products is only allowed if authorized by relevant federal agencies, including the Food and Drug Administration, which regulates the sale and marketing of certain categories of Hemp CBD products (i.e., foods, dietary supplements, cosmetics and tobacco products).

This interpretation of the statutory language was supported in February 2019 when in a news release, the SCDA declared that it follows FDA guidelines, and thus, treats the sale of Hemp CBD foods as unlawful. Nevertheless, the SCDA’s Quick Guide to Hemp Products in Human Food states that approved hemp food ingredients include “full spectrum” ingredients if:

  1. it contains the naturally occurring array of phytonutrients found in hemp (which include naturally occurring CBD);
  2. it does not include health claims; and
  3. it does not bear any sort of declaration of CBD.

The sale and marketing of cosmetics is neither allowed nor restricted in the state. However, given the state’s deference to the FDA guidelines, the sale of these products seems lawful so long as these products:

  1. do not contain more than 0.3% THC;
  2. are not adulterated (e., unsafe) or misbranded;
  3. are not intended to be used as drugs; and
  4. do not contain labels or promotional materials that contain claims regarding diseases or bodily structure/function.

When it comes to smokables, the state takes issue with products containing raw unprocessed hemp. Law enforcement began cracking down on the sale of these products following the release of a public opinion by the Attorney General (“AG”), in which the AG clarified that “the mere possession of raw unprocessed hemp or hemp not in a finished product without a state license is unlawful”. In addition to prohibiting the sale of smokable products containing raw hemp, South Carolina bans the sale of Hemp CBD e-cigarettes and other vaping devices as state law expressly excludes “cannabis or CBD as defined under the laws of this State and the laws of the United States” from the definition of “e-liquid”.

In sum, while South Carolina authorizes the cultivation of hemp, it takes a conservative approach regarding the sale and marketing of most Hemp CBD products. It remains to be seen whether the state’s hemp production plan, which is currently under review by the U.S. Department of Agriculture, will shed new light on the sale of these products. Accordingly, for the time being, Hemp CBD manufacturers, distributors and retailers should carefully select which products to introduce in the Palmetto State.

For additional updates on changes to Pennsylvania hemp laws and Hemp CBD laws, please stay tuned to the Canna Law Blog. For previous coverage in this series, check out the links below:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Puerto Rico
  • Rhode Island

Nathalie Bougenies

Nathalie practices corporate law, intellectual property, and cannabis law, focusing on the regulatory framework of hemp-derived CBD products. She enjoys building a deep understanding of our clients’ businesses, industries, and long-term visions, and leverages her broad expertise and international background to help our overseas companies with their foreign direct investment…

Hemp CBD Across State Lines: South Carolina The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under