Is Delta-9 THC Legal In South Carolina In 2024?
Yes, hemp derived Delta-9 THC is legal in South Carolina as long as it contains no more than 0.3% Delta-9 THC on a dry weight basis.
All our products, including our Delta-9 Gummies are completely legal in South Carolina. Unlike other options, our gummies are nano-ionized for quicker onset and long lasting effects.
Not only that, they’re 100% natural and we make sure that they never come in contact with harmful solvents or extreme temperatures which can damage the cannabinoids.
Is Delta-9 THC Legal In South Carolina?
Yes, hemp-derived Delta-9 THC is legal in South Carolina. Delta-9 THC from hemp is legal in South Carolina because of the 2018 Federal Farm Bill and the state’s interpretation of its Hemp Farming Act which is now codified in South Carolina Code Section 46-55-10 et seq.
The 2018 Farm Bill federally legalized hemp and its derivatives including Delta-9 THC as long as the concentration is 0.3% or less by dry weight. This bill essentially removed hemp from the definition of marijuana under the Controlled Substances Act and allowed states to regulate hemp cultivation and production within their borders.
After the Farm Bill, South Carolina passed its Hemp Farming Act and that’s where Senate Bill 3449 comes in. This bill amended and replaced previous legislation and created a comprehensive framework for hemp cultivation and production in the state. It defined hemp the same as the federal law including the 0.3% Delta-9 THC limit.
The South Carolina Department of Agriculture (SCDA) which regulates hemp under this Act interprets the law to allow for the production, sale and consumption of hemp derived products with less than 0.3% total THC including Delta-9 THC.
So the combination of the Farm Bill, the state’s Hemp Farming Act and the SCDA’s interpretation makes hemp derived Delta-9 THC legal in South Carolina. There have been some legal challenges and debates but as of now the SCDA allows these products to be sold in the state as long as they meet the THC limit and other regulations.
State Law
South Carolina House Bill 3449
SECTION 46-55-10
(6) "Federally defined THC level for hemp" means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. SECTION 5940, whichever is greater.
(7) "Handling" means possessing or storing hemp for any period of time. "Handling" also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products.
(8) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the nonsterilized 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 shall be considered an agricultural commodity.
(9) "Hemp products'' means 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. Unprocessed or raw plant material, including non sterilized hemp seeds, is not considered a hemp product.
Click here to read the full bill.
The South Carolina Department of Agriculture (SCDA) has cleared up the confusion stating that hemp derived Delta-9 THC products meet these requirements are legal under the state’s Hemp Farming Act.
Just to clarify this only applies to hemp derived Delta-9 THC not marijuana derived Delta-9 THC which is still illegal in the state.
What Is Delta-9 THC?
Delta-9 THC is the primary psychoactive cannabinoid found in the cannabis plants. Cannabinoids are naturally occurring compounds which interact with the cannabinoid receptors in your endocannabinoid system.
The ECS plays a key role in maintaining the healthy function of many bodily processes.
Delta-9 THC can be derived from hemp and marijuana both. Hemp is defined as a variety of cannabis plants which has no more than 0.3% of Delta-9 THC by dry weight.
Cannabis plants with THC levels above 0.3% by dry weight are legally classified as marijuana.
What Are The Effects Of Delta-9 THC?
Delta-9 is well-known for its psychoactive effects or the “high” we associate with recreational use, but it can have a range of effects.
Some of the most commonly reported effects are::
- Euphoria
- Relaxation
- Happiness
- Increased Appetite
- Vivid Imaginations
It is also being researched for many potential health benefits for sleep, anxiety and pain relief. Delta-9 THC is widely used by people dealing with these problems, but it is important to remember that the research is still ongoing.
What Is Delta-8 THC?
Delta-8 THC is a close cousin of the more well-known Delta-9 THC. Both are isomers, meaning they have the same chemical formula but a slightly different atomic arrangement. This small structural difference leads to some interesting variations in their effects and legal status.
In nature, Delta-8 THC is found in cannabis plants, but only in trace amounts - we're talking way less than 1% in most strains. This scarcity poses a challenge when producing Delta-8 products on a commercial scale.
To work around nature, manufacturers convert CBD (cannabidiol) into Delta-8 THC through a chemical process.
This conversion process is where things get a bit tricky. Because Delta-8 is essentially being synthesized from CBD, the resulting products are often considered semi-synthetic.
This chemical transformation can introduce unwanted residues or byproducts, which has raised some eyebrows in the scientific and regulatory communities.
When it comes to effects, Delta-8 is often described as Delta-9's milder sibling. Users typically report less intense effects compared to traditional THC.
As for availability, Delta-8 has been riding a wave of legal ambiguity. While Delta-9 THC remains federally legal in many contexts, Delta-8 products derived from hemp have found a loophole in the 2018 Farm Bill. This has led to a boom in Delta-8 products in many states where marijuana remains illegal.
Are Hemp-Derived and Marijuana-Derived THC The Same?
Yes, THC is chemically identical whether it's derived from hemp or marijuana. Both plants are varieties of Cannabis , and the THC molecule itself doesn't change based on its source.
You might think, “How Can hemp with no more than 0.3% THC have the same effects as THC from marijuana?”
The key to understanding this lies in how the THC limit by dry weight applies to the final product.. The 2018 Farm Bill stipulates that hemp products must contain no more than 0.3% Delta-9 THC by dry weight. Now, here's where it gets interesting.
The 0.3% limit is based on concentration, not absolute amount. This means that as the total weight of a product increases, the allowable amount of THC also increases proportionally.
For example:
- A 1-gram (1000mg) gummy can contain up to 3mg of THC (0.3% of 1000mg).
- A 4-gram (5000mg) gummy can contain up to 15mg of THC (0.3% of 4000mg)
- .A 10-gram (10000mg) gummy could theoretically contain up to 30mg of THC.
Gummies, unlike vapes, have plenty of extra “space” filled with ingredients like natural flavors and fruit pectin. This allows for higher concentrations of THC in the final product.
Now, 15mg of THC is actually a substantial dose for many users - enough to produce noticeable psychoactive effects.
This is why a hemp-derived Delta-9 THC gummy can produce effects similar to a marijuana edible - because it contains a similar amount of THC.
Can You Buy Delta-9 THC in South Carolina?
Yes, you can buy Delta-9 THC in South Carolina as long as the product is hemp-derived and adheres to the federally approved levels of THC (0.3% by dry weight).
You have to be 21 years of age or older to purchase Delta-9 THC products in the state.
Where Can You Buy Delta-9 THC In South Carolina?
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Our nano-ionization technology delivers fast-acting relief, while our whole-plant, whole-spectrum formula ensures you get the most out of every bite.
Sourced from US-grown hemp and extracted with a solventless process, our gummies are pure, potent, and 100% legal.
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