South Carolina’s Hemp Farming Act and the 2018 Farm Bill allows hemp cultivation, processing, handling, & selling in the state. Learn more. Here’s good news for everyone who is trying to buy high-quality CBD oil in South Carolina: it’s perfectly possible. Whether you want to shop for CBD locally or do it online, South Carolina has got you covered. Is CBD Oil Legal In Sc Hemp is a variety of the plant Cannabis sativa that is low in the chemical THC. Here’s the definition under South Carolina state law: ‘Hemp’ or ‘industrial hemp’ means the
Is CBD Legal in South Carolina? – August 2022
Cannabidiol (CBD) oil and other industrial hemp-based products are legal in South Carolina, though there are a few restrictions (7) .
State residents may grow, process, and sell industrial hemp and hemp-derived products as long as they acquire the necessary permits (8) .
Industrial hemp and marijuana are both Cannabis sativa plants; however, only one variety is considered federally legal in the United States.
Under the 2018 Farm Bill and South Carolina laws, cannabis plants with less than 0.30% THC concentration on a dried weight basis are classified as industrial hemp and considered legal (9) .
Tetrahydrocannabinol or THC is the main psychoactive phytocannabinoid in cannabis plants that induces a high among users.
Any cannabis plant or cannabis-derived product with a THC level above 0.30% is classified as marijuana and is still illegal in many states.
It is important to note that, although hemp-derived products are legal in South Carolina, the state prohibits the sale and manufacture of food products that contain CBD alone .
The state recognizes CBD, a non-psychoactive compound or cannabinoid found in cannabis plants, as an active ingredient in a drug approved by the US Food and Drug Administration (10) .
The South Carolina Department of Agriculture (SCDA) noted that CBD alone , as an active ingredient in a drug and the subject of many clinical investigations, in any food or drink violates section 301(II) of the Food, Drug, and Cosmetic Act (11) .
However, hemp and specific hemp derivatives, such as full-spectrum hemp extracts or oil, may still be used as food additives or ingredients (12) .
The SCDA clarified that because hemp extracts contain a variety of cannabinoids aside from CBD, they cannot be considered pure CBD (13) .
Among the three different types of CBD, only CBD isolates are not SCDA -approved as a hemp food ingredient (14) .
CBD isolates contain pure cannabidiol only. Meanwhile, full-spectrum and broad-spectrum CBD contain a wide array of components, such as cannabinoids, terpenes or aromatic compounds, and essential oils.
The difference between full-spectrum CBD and broad-spectrum CBD products is the THC content.
Broad-spectrum CBD contains the majority of the compounds naturally found in industrial hemp plants, except for THC.
In South Carolina, full-spectrum hemp oils extracted from whole hemp plants may be legally added to food, provided that the hemp products are not labeled as CBD and do not make any health claims (15) .
South Carolina CBD Laws
CBD has been legal in South Carolina prior to the passage of the 2018 Farm Bill at the federal level, albeit in a very limited way. The state also had hemp farming laws years before the federal law was passed.
After the 2018 Farm Bill was enacted, South Carolina showed its support of the bill through new legislation that amended and relaxed the state’s existing laws on hemp cultivation.
Note that South Carolina laws do not include any mention of synthetic marijuana or synthetic cannabinoids. All relevant hemp laws in the state only pertain to industrial hemp, hemp-derived products, including CBD oil, and low-THC medical marijuana.
The following laws played roles in the legalization of CBD in the P almetto s tate:
Julian’s Law (SB1035)
The use of marijuana, hemp, and other cannabis-derived products have been strictly prohibited since 1970 by the Controlled Substances Act. This statute designated cannabis as a Schedule I substance (16) .
However, South Carolina’s Senate Bill 1035 allowed the limited legalization and use of medical cannabis for certain medical conditions.
The then Governor Nikki Haley signed Julian’s Law or SB1035, a cannabidiol and medical marijuana law, on June 2, 2014.
The bill allowed patients diagnosed with severe forms of epilepsy, including Dravet Syndrome and Lennox-Gastaut Syndrome, to legally use medical marijuana and cannabidiol (17) .
Minors with seizure disorders were also allowed to be treated with medical marijuana or CBD oil upon the recommendation of their doctor and the permission of their parents or guardians (18) .
It should be proven that patients are unresponsive to traditional medical treatments before they can take medical marijuana or CBD .
Moreover, the law exempted the use of medical marijuana and CBD oil that had at least 15% CBD and less than 0.9% THC content (19) .
Industrial Hemp Bill (HB3559)
The South Carolina legislature passed House Bill 3559 or Industrial Hemp Bill a year before the federal government enacted the 2018 Farm Bill.
HB3559, which was signed on May 10, 2017, created the South Carolina Industrial Hemp Program and legalized industrial hemp cultivation.
Industrial hemp was recognized as an agricultural crop under the bill. The legislation also allowed 20 permit holders to grow hemp on up to 20 acres of land for research purposes during the pilot program’s first year (20) .
Forty permitted hemp growers were allowed to grow their crops on up to 40 acres of land during the second and third years of the program (21) .
The state’s Department of Agriculture and universities would evaluate the program upon the fourth and succeeding years to decide on the number of permits and acres of land allowable for cultivation.
South Carolina Hemp Farming Act (HB3449)
Following federal law’s removal of industrial hemp and hemp-based products from the Controlled Substances Act, South Carolina moved to lighten its restrictions on hemp cultivation.
The state enacted House Bill 3449 or the Hemp Farming Act on March 28, 2019, which removed the limit on allowable hemp cultivation land.
The Hemp Farming Act also allowed permit holders to grow hemp for commercial purposes (22) .
South Carolina residents may cultivate, process, and sell industrial hemp within the state provided that they are at least 18 years old and received permits from the SCDA.
The permits have strict restrictions on what the recipients are allowed to do and must be renewed annually from the issuance date.
Hemp processor and hemp handler permit applications are accepted throughout the year. However, hemp farmer permit applications are only accepted during the year’s first quarter.
Hemp farmer permit applications for the 2020 growing season closed on March 31, 2020 (23) .
Applicants that plan to set up hemp businesses that deal with growing, farming, processing, and selling hemp all-in-one need to apply for a hemp farmers permit, hemp growers permit, and other necessary licenses related to processing industrial hemp.
Hemp Farmer/Growers Permit
Individuals or businesses applying for a hemp farmer permit must pay an annual fee of $1,000. Applicants are not given their permits until the SCDA has received the payment (24) .
Aside from the annual fee, applicants must also show proof of South Carolina residency and undergo a criminal background check.
Hemp farmer permit holders are allowed to cultivate industrial hemp plants. They are also allowed to store, handle, transport, and market raw hemp plant parts (25) .
Hemp Processor Permit
Hemp processor permit applicants are required to pay an annual permit fee of $3,000 per location and a non-refundable application fee of $100.
Individuals and businesses that want to process hemp plants must also get a South Carolina Dealer and Handler License and a South Carolina Weighmaster License (26) . Both licenses have separate applicable fees and requirements.
Each processing location requires a separate hemp-processing permit, dealer or handler license, and weighmaster license.
Additionally, each facility needs to pass inspections before the applicants can receive their hemp processor permits.
Hemp processor permit holders are also allowed to store, handle, transport, and market hemp plant parts (27) .
Hemp Handler Permit
Hemp handler permits are required for individuals and businesses to store, transport, and otherwise work with hemp, apart from growing and processing.
However, retailers, including online stores, are not given handler permits and are not required to obtain one (28) .
Hemp handler permit applicants pay a $1,000 annual fee and a $100 non-refundable application fee.
The SCDA has different hemp handler permit categories:
- Seed d ealer or supplier
- Warehouse, storage, or drying facility
- Other s (broker, research and development, sales representatives)
Under the interim final rule released by the US Department of Agriculture in October 2019, Industrial hemp and its derivatives may legally be transported or shipped across state lines for processing (29) .
The South Carolina Hemp Farming Act requires hemp growers to conduct periodic and stringent laboratory testing to ensure that the crops’ THC levels remain no more than 0.30%.
Hemp crops with THC levels exceeding the allowable amount are required to be destroyed in the presence of law enforcement (30) .
The SCDA collects hemp plant samples within 15 days before the scheduled harvest. No more than 1% of the plants should have THC content over the allowable 0.30% (31) .
All fees related to hemp or CBD-testing are shouldered by the individual or business hemp permit holders.
Buying CBD Legally
Current South Carolina laws do not include age restrictions for buying CBD.
Both the Industrial Hemp Bill and the South Carolina Hemp Farming Act have a minimum age restriction of 18 years for individuals applying for hemp grower, processor, and handler permits.
CBD retailers in South Carolina also often restrict selling CBD products to customers at least 18 years of age, as per the widely accepted age of majority in the US.
The state also defers to the FDA’s recommended age restrictions for CBD products. The agency allows vapor oils and smokable hemp to be sold to legal adults or people at least 18 years old only (32) .
However, some online retailers in South Carolina and other states ask visitors to confirm that they are 21 years of age or older.
Thus, CBD oil and other hemp products are legally available for purchase in South Carolina for any person.
Only a medical prescription is requir ed for individuals, especially minors, with severe forms of epilepsy and those who need low-THC cannabidiol or medical cannabis. However, the patients are not required to have a medical marijuana ID card (33) .
The FDA has yet to generally approve CBD oil and other CBD products as supplements, medical drugs, or treatment except for certain rare childhood diseases. Still, consumers can buy over-the-counter CBD without any prescriptions (34) .
How to Choose Which CBD Products to Buy
CBD and hemp-derived products are available in different forms, such as tinctures, vape oils, gummies, topicals, and capsules.
To discover the best CBD products and shops, consumers should choose CBD companies that make the product information, such as the CBD type and concentration, readily available.
Additionally, it is best to look up stores and brands online to check their Better Business Bureau (BBB) rating, customer reviews, or consumer reports to ensure the high quality of their products.
The BBB website features highly rated and accredited CBD businesses in the state. The website also features non-accredited businesses that are still highly reviewed by customers, such as Charlotte CBD in Columbia, SC.
Smokable Hemp in South Carolina
Industrial hemp may also be available as a smokable product, though South Carolina consumers are recommended to avoid purchasing raw, smokable hemp.
The advice to avoid purchasing smokable hemp spread among retailers and consumers after the incumbent S tate Attorney General stated in 2019 that as the possession of raw and unprocessed hemp without a license is unlawful, law enforcement officers may deem smokable hemp flowers as against the law (35) .
It may be safer for individuals with smokable hemp to keep and use it at home to avoid possible legal repercussions. Recall that you are always at your own risk, and that this article is for informational purposes only and does not constitute legal or medical advice.
Consumers buying and using smokable hemp are also advised to make sure that their products are made from natural hemp rather than synthetic cannabinoids.
Synthetic cannabinoids, also called synthetic marijuana, are mind-altering and laboratory-made substances that mimic marijuana’s effects (36) . They are commonly used like vape oil for vaping or smoking.
Synthetic marijuana is an illegal and highly potent hallucinogen that can cause elevated heart rate and unconsciousness (37) . It may also result in psychosis and paranoia (38) .
Moreover, the effects of these man-made substances can be unpredictable and much more potent than natural marijuana, which may lead to fatal consequences (39) .
Where to Buy CBD Products Legally
Industrial hemp-derived CBD products are allowed to be sold in dispensaries, market outlets, and online stores under the 2018 Farm Bill, barring individual state restrictions (40) .
South Carolina does not require retailers to obtain a handler’s permit to sell CBD and hemp products (41) .
Customers may visit health and wellness retailers to purchase CBD oil and other CBD products. Many retailers and CBD brands also offer curb-side pick-ups and online shopping options.
A quick Google search for CBD retailers in the P almetto state shows a fairly thriving CBD industry, with over 40 stores and brands consumers may choose from.
Some of the highly rated and BBB-accredited CBD stores in South Carolina are Essential Vapors & CBD in Lexington, SC , and AJ’s Coastal Bliss District in Conway, SC.
A BBB accreditation is proof that the business met the organization’s accreditation standards, including ethical business practices and a commendable effort to resolve any consumer complaints (42) .
Additionally, consumers may order CBD products online , directly through the brand websites or via third-party online retailers. Some websites may require a quick confirmation that their visitors are either 18 or 21 years old.
The Cannabis Pharmacy is a Charleston, SC-based retailer with an online store that carries different CBD brands.
The sale, purchase, and usage of CBD oil and other industrial hemp-derived products are legal in South Carolina.
The legality of CBD and CBD products hinges on the THC concentration. Both federal and state law requires CBD products to have below 0.30% THC content on a dry weight basis to remain legal. Legal state prescriptions may be allowed higher concentrations to 0.9%.
Although South Carolina permits the sale of CBD products, consumers should note that adding pure CBD to food is not allowed in South Carolina. However, state policies and penalties differ per state.
Moreover, consumers are advised to remain cautious when buying or using CBD, particularly CBD products that make health claims. They are encouraged to educate themselves on CBD and be on the lookout for cannabis news, research, and developments.
The FDA notes that despite the continuing development in CBD research and the many studies that indicate CBD’s promise as a treatment for different health conditions, the agency has only approved one CBD drug for epilepsy.
Where to Buy CBD Oil in South Carolina? Hemp Oil Laws & Legality (2022)
South Carolina is following the lead of several other states in the U.S., and it’s quickly becoming one of the Southeast’s best regions to buy CBD. The state is home to plenty of CBD stores that sell premium quality products matched with reliable prices.
Despite its recreational appeal, CBD is mostly associated with numerous health benefits – from reduced anxiety and inflammation to alleviated pain and potential cancer prevention capabilities.
It’s no wonder that CBD has grabbed the wellness industry by the throat. It allows you to experience the majority of benefits from cannabis but without getting high.
For your convenience, we’ve put together a list of the best in-state CBD shops, but before we dig deeper into it, let’s answer some basic questions about buying CBD oil in South Carolina.
Where to Buy CBD Oil in South Carolina?
South Carolina is joining Tennessee and other more forward-thinking Southern states to bring greater access to hemp CBD oil in the region.
South Carolina residents can find plenty of brick-and-mortar stores that sell premium-quality CBD products. But if you don’t live near any of the stores we mention in the article, you can always buy CBD oil online and have it delivered right to your doorstep.
Speaking of which…
BUYING CBD OIL ONLINE IN SOUTH CAROLINA
Aside from being fast, safe, and convenient, buying CBD oil online comes with other noteworthy perks.
First, selecting available CBD products in online stores is generally much wider than in your local health store. If you want to try more than just regular tinctures – like vape juices, gummies, oral sprays, or pet care products – the online vault will welcome you with open arms.
Second, those buying CBD oil in bulk can count on special wholesale deals that offer large quantities of CBD goods at attractive prices.
When buying CBD oil online, keep in mind that the web is full of companies claiming that they sell a cheap miracle cure that can help you with literally everything that goes wrong in your life. Such companies are not credible, and if they don’t show lab reports to prove their bold claims, we suggest that you stay away from such sellers.
High-quality CBD oil is sourced from 100% organic, GMO-free hemp, extracted with ethical methods – like CO2 extraction – and most importantly, it’s lab-tested for potency, purity, and the entire chemical content.
If your CBD provider meets the above conditions, it’s a keeper.
Royal CBD – Full Spectrum
- Rated #1 for overall
- Highest quality hemp oil on our list
- 100% organic, free of pesticides and artificial ingredients
- Established brand with 24/7 customer support
- 30-day 100% money-back guarantee
- Sourced from US-grown organic hemp
- Contains full-spectrum CBD
- Up to 80 mg CBD/mL
- Great potency range for beginners
- Third-party tested for potency and purity
- Great kiwi-honey flavor
Is CBD Oil Legal in South Carolina?
Since state laws often stay in stark contradiction to federal law, the legality of CBD oil is one of the most discussed subjects today. Technically speaking, CBD oil is legal in South Carolina as long as it comes from the industrial hemp variety of the cannabis plant. Here’s what you need to know about the legality of CBD in South Carolina.
MARIJUANA CBD OIL IN SOUTH CAROLINA
The South has never been particularly open-minded regarding laws around marijuana, and South Carolina is no exception to that rule.
Marijuana is illegal for both medical and recreational purposes. Although the House recently attempted to push the South Carolina Medical Marijuana Program Act, the bill was rejected in the Senate in 2016. For some patients, high-CBD low-THC hemp oil is permitted to treat chronic or terminal illnesses like severe epilepsy.
Simple marijuana possession has not been decriminalized. First, first-time offenders can face a minimum of $565 fine and up to a month in prison for being caught with up to an ounce of marijuana.
HEMP CBD OIL IN SOUTH CAROLINA
Under the 2018 Farm Bill, South Carolina has legalized hemp cultivation within its borders, allowing licensed growers to cultivate hemp plants with less than 0.3% THC concentration. However, there’s one little yet brutal catch; there is currently no way for cultivators to obtain a license for growing hemp.
That being said, all hemp-derived CBD goods are currently imported to South Carolina CBD shops.
Is CBD Oil Legal In Sc
Hemp is a variety of the plant Cannabis sativa that is low in the chemical THC. Here’s the definition under South Carolina state law: ‘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.
2. How does hemp differ from marijuana?
Hemp and marijuana come from the same plant species, Cannabis sativa, but they differ in concentrations of THC. Legally, THC levels determine whether the substance is considered an agricultural product or a regulated drug. Federal and South Carolina law define hemp as any part of the plant with a THC concentration that does not exceed 0.3 percent on a dried weight basis. Anything above that is considered marijuana and is illegal in the state.
3. What is THC?
Tetrahydrocannabinol, or THC, is a naturally occurring chemical responsible for many of marijuana’s psychoactive effects.
4. What is CBD?
Hemp is a plant and CBD is a compound. Hemp is not CBD. “Partially processed” hemp is not CBD, either. Even “full spectrum” hemp extracts suspended in a carrier oil are more akin to hemp than pure CBD since they contain an array of phytonutrients. Although such extracts include CBD, they cannot in any reasonable sense be called CBD. We are aware that there may be some products on the market that add CBD to a food or label CBD as a dietary supplement. Under federal law, it is currently illegal to market CBD this way. More information can be found in our Hemp Products in Human Food Quick Guide.
5. What is Delta-8 and is it legal in South Carolina?
Per the FDA, Delta-8 THC is a psychoactive substance produced naturally by the cannabis plant, but not found in significant amounts in the cannabis plant. As a result, they note, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived CBD.
The South Carolina Department of Agriculture understands that the South Carolina Hemp Farming Act does not provide an exception for, and does not legalize, delta-8 THC. Further, SCDA understands that the South Carolina Law Enforcement Division (SLED) takes the position that “any and all THC that is not ‘a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis’ is specifically prohibited”. This understanding was confirmed by a South Carolina Attorney General Option dated October 4, 2021 where Assistant Attorney General David Jones clarifies that delta-8 THC is viewed as illegal by his office in an opinion for the Chief of SLED. You may access that opinion here.
6. What are hemp’s potential uses?
Hemp is used to make a variety of commercial and industrial products including rope, clothes, food, paper, textiles, plastics, insulation, supplements, oils, cosmetics, and biofuel.
1. How do I apply to grow hemp?
SCDA will take applications for the 2022 growing season from January 1, 2022, through February 28, 2022. The application requirements include: a criminal background check, South Carolina residency, and an application fee. Full details can be found here.
2. How many acres can I use to grow hemp?
The number of acres a Permitted Hemp Farmer can farm is not limited by state law. However, all acreage on which a farmer intends to plant must be on record with SCDA prior to planting or growing.
3. Do I have to be a South Carolina resident to farm hemp?
To be a Permitted Hemp Farmer, you are required to be a State of South Carolina resident. The address submitted on the application must be linked to a South Carolina address and is cross-checked with the results of the background check. Other proofs of residency may also be required by SCDA.
4. How do I apply to be a Hemp Processor?
Those seeking to process hemp in South Carolina must obtain a South Carolina Dealer and Handler License (NOT a Hemp Handler Permit) and a South Carolina Weighmaster License as well as a Hemp Processor Permit. Separate fees and requirements apply. The Hemp Processor application and other information are available here.
5. What if I’m not farming or processing hemp, but I’m still planning to work with hemp in some way?
SCDA has created a new permit category for hemp handlers. There are several categories of Permitted Hemp Handler:
- Warehouse/Storage/Drying Facility
- Seed Dealer/Supplier
- Other (Broker, R&D, Sales Rep)
Separate fees and permit requirements apply. More information about the Hemp Handler Permit is available here.
6. Do I need a hemp permit to sell CBD products in a store?
No. Retail locations and hemp products are not regulated by SCDA. You only need a permit if you will be in possession of unprocessed or raw hemp.
7. Can I process hemp if I only have a Hemp Farming Permit?
No. A hemp farming permit does not allow a farmer/grower to process their own hemp or another farmer’s hemp. A separate processing permit is required and is a part of the South Carolina State Plan.
1. Is hemp easy to grow?
Hemp is a labor-intensive crop. The estimated input cost to grow hemp is between $10,000 and $15,000 per acre. This cost includes labor, seed, and transplants or clones.
2. Are there grants available for hemp farming?
SCDA does not have research-funded grants currently available but is exploring the possibility of funding select research projects.
3. Can hemp be transported across state lines to be processed?
Yes. Per USDA’s interim final rule on hemp released in October 2019, states and Indian tribes may not prohibit the interstate transportation or shipment of hemp lawfully produced under a state or tribal plan or under a permit issued under the USDA plan.
4. Is there any training available for the growing of hemp?
SCDA does not provide training for the growing of hemp. Clemson Extension is a resource for hemp farming information, including in-field consultations.
5. Are there any guidelines for the use of insecticides and pesticides for the growing of hemp?
The South Carolina Department of Pesticide Regulation at Clemson University has released a list of pesticides approved for use on hemp in South Carolina. However, a DPR official notes in the news release, “Before any pesticide on this list is used in South Carolina, the grower must first make sure it is registered for use in the state. Pesticide dealers also must ensure that any pesticide on this list is registered in the state before making it available for wholesale or retail purchase by growers.” More information about hemp and pesticides can be found here and here.
6. Can I sell hemp plants to other hemp farmers?
Permitted hemp farmers who wish to sell hemp plants, clones or transplants to other permitted farmers or out of state must obtain a Live Plant Certification from Clemson University. For licensing information, please visit Clemson’s Nursery and Dealer Licensing page or contact Nursery Programs Coordinator Negar Edwards at 864-646-2126 or [email protected]
**All information is subject to change or being further clarified and cannot be considered legally binding. This information is for advice/planning purposes only.