2021 Update
No updates have been made to Cannabis/ hemp- CBD laws in South Carolina.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on South Carolina Hemp Laws and the legality of CBD in South Carolina, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in South Carolina
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in South Carolina?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
South Carolina hemp laws permit the cultivation of hemp, but not for the purpose of making CBD. CBD is not legal in South Carolina, and smokable hemp flower is explicitly illegal. Smokable hemp flower is also illegal in Louisiana, Indiana, North Carolina, and Kentucky!
Is It Legal to Ship PCR Hemp Oil to South Carolina?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill. However, once it arrives, South Carolina hemp laws take effect and the product could be considered illegal. Smokable hemp flower is explicitly illegal in South Carolina.
Where to Buy Full Spectrum CBD Oil in South Carolina?
Smokable hemp and CBD products are not legal in South Carolina and selling or possessing them could lead to criminal penalties. Despite this, some do take the risk and order CBD and hemp online. There are also CBD stores in South Carolina selling products despite their illegal status. Enforcement relies entirely on state and local government so while you can buy CBD in South Carolina online or in stores, South Carolina hemp laws do not consider this to be legal!
Do you need a special license to purchase PCR Hemp Oil in South Carolina?
You don’t need a special license to purchase CBD hemp oil (all types) in South Carolina, only to grow, test, or sell products.
How Does South Carolina Legally Define Hemp?
‘Hemp’ or ‘industrial hemp’ means the plant Cannabis sativa L. and any part of that plant, including the non-sterilized 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: General Information. South Carolina Department of Agriculture.
Growing and Selling Hemp in South Carolina
South Carolina hemp growers and handlers must be registered and licensed with the state. and comply with HB3449 and the state's hemp farming plan, the South Carolina hemp laws.
Hemp crops must comply with South Carolina hemp laws:
- Products must contain no more than 0.3% THC
- The THC must be reported as “total THC”
- Products must come from a registered farm
- Products must be tested by a DEA-registered laboratory
In addition to South Carolina state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. South Carolina actually defers to federal law when it comes to CBD products.
The state publishes a guide to explain what is and is not legal under South Carolina hemp laws: Hemp Products in Human Food Quick Guide. According to that guide, no CBD products are legal in South Carolina. Only products like hemp health foods and hemp textiles are legal hemp products. Hemp oils cannot be CBD oils or make CBD claims, these oils that are legal are like cooking oils.
South Carolina state hemp laws allow for only hemp products such as:
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
