Is Delta-8 THC Legal in South Carolina?

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Although South Carolina’s Attorney General wrote a letter arguing that delta 8 is illegal, he left it up to law enforcement to decide if hemp-derived delta 8 was in violation of the state’s laws. Read on for a detailed look at delta 8 legality in the Palmetto State. 

Summary

Delta-8 THC is legal in South Carolina even if its Attorney General seems to think otherwise.

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South Carolina Delta-8 THC Laws

Hemp products are legal in South Carolina. According to the state’s Hemp Farming Act:

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. 

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Hemp-derived delta-8 THC products fit this definition, which appears to make it legal in South Carolina. 

But there have been reports of police raids on shops selling delta 8 products in early 2021.

Additionally, in October 2021 the state’s Attorney General released a letter replying to a law enforcement officer. His opinion was that delta-8 and all forms of THC (except up to 0.3% of hemp-derived delta-9 THC) are illegal in the state.

However, he left the final authority on whether or not delta-8 products violate the state’s Hemp Farming Act with law enforcement and local prosecutors.

The bottom line is that delta-8 THC seems to be legal in South Carolina, even if some state authorities argue otherwise. We also haven’t heard any recent news of police raiding delta 8 vendors in the state.

What is Delta-8 THC?

You’re probably familiar with THC, the intoxicating compound in cannabis. It has many forms but the most abundant one in cannabis is called delta-9-THC.

Delta 8 is another, less common form of THC. Cannabis plants contain very little of it, although it can be made from hemp-derived CBD through a chemical process. 

The effects of delta 8 are essentially the same as delta 9 THC but significantly weaker (1). 

Why Delta-8 THC is Federally Legal

Delta 8 is legal due to a loophole in the 2018 Farm Bill. The bill legalized hemp products, defining them as cannabis derivatives with no greater than 0.3% delta-9 THC.

By that definition, hemp-derived products can contain any amount of other forms of THC. That’s because natural delta 8 levels in hemp are very low, so lawmakers were not concerned about putting a limit on it.

But you can also make delta-8 THC from pure CBD, the most abundant cannabinoid in hemp. Thanks to the loophole, this delta 8 is legal.

States Where Delta-8 THC is Illegal

Each state can make its own laws and regulations for delta-8 THC.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in South Carolina

Delta 8 is legal in South Carolina and likely to stay that way.

But there is a small chance that it could become regulated since some law enforcement officers and the state’s Attorney General believe delta 8 to be illegal.