Is Delta-8 THC Legal in South Carolina?

Delta-8 is legal in South Carolina but for how long?

Delta-8 THC flower for sale in South Carolina

Delta-8 THC derived from hemp is legal in South Carolina under state and federal law. This means you can purchase, use, possess, sell, distribute, and produce hemp-derived delta-8 THC products without fear of penalty or prosecution.  

Why is delta-8 legal in South Carolina? Because state hemp laws coincide with the Agriculture Improvement Act (2018 Farm Bill), a significant piece of federal legislation legalizing hemp and hemp-derived compounds across the country, including delta-8 and delta-10.

Is delta-8 legal in South Carolina?

  • Delta-8 is legal to purchase, use, possess, sell, distribute, and produce in South Carolina under state and federal law 
  • For delta-8 to be legal in South Carolina, it must be sourced from hemp carrying no more than 0.3% delta-9 THC
  • Recreational and medical cannabis is not legal in South Carolina
  • You can legally purchase delta-8 products online and through retail stores
  • CBD and delta-10 THC are also legal in South Carolina
  • You can travel into South Carolina with delta-8 in your possession

The legislation on delta-8 in South Carolina

As outlined in the South Carolina House Bill 3449, which was enacted in early 2019, all hemp derivatives, tetrahydrocannabinols, cannabinoids, terpenes, flavonoids, isomers, and salts are legal in the state and not considered controlled substances. This means hemp-derived delta-8 THC and delta-10 products are legal. 

Delta-9-tetrahydrocannabinol (THC) is the only cannabinoid still regarded as an illegal substance on the state and federal levels. Delta-8 THC products must only carry up to 0.3% THC. If the THC percentage is any higher, the product is considered to be derived from marijuana, making it a controlled drug and punishable under state narcotics law. 

Related: How Long Does Delta-8 THC Stay in Your System?

Is recreational and medical marijuana legal in South Carolina? 

No. Recreational and medical marijuana is not legal in South Carolina. Possession of less than one ounce of marijuana is a misdemeanor (first offense) and is punishable by up to 30 days to 6 months in prison, alongside a $200 fine. Subsequent marijuana offenses can land you in jail for up to a year. 

Low-THC, high-CBD oils are legal after the passing of Senate Bill 1035 (otherwise known as Julian’s Law) in 2014. These oils are legally permitted to carry up to 0.9% THC and can only be prescribed by a licensed physician for the treatment of severe epilepsy. 

Buying delta-8 THC in South Carolina

Delta-8 THC products sold in South Carolina

Since delta-8 is legal on the state and federal levels, you can purchase delta-8 THC products online and through licensed retail shops operating in South Carolina. Most retail shops selling delta-8 are located in the major towns and cities including Charleston, Columbia, and Myrtle Beach, with many selling a decent selection of delta-8 vapes, gummies, and distillates. 

If you’re don’t live anywhere near a physical retail store, there are plenty of online delta-8 vendors ready to ship to your address in South Carolina. You can buy the most popular delta-8 THC products online. If you’re looking to buy edibles, see this list of the best delta-8 THC gummies for potent edibles. 

What type of delta-8 is legal in South Carolina? 

Delta-8 products are legal in South Carolina provided they’re derived from hemp plants carrying no more than 0.3% THC. If the delta-8 is derived from marijuana carrying more than 0.3% THC, it’s a controlled substance and illegal under state and federal law. 

Can you travel to South Carolina with delta-8?

Yes. You can travel to South Carolina with hemp-derived delta-8 products in your possession. State and federal law allow cross-border transport and travel of hemp and hemp-derived compounds, including delta-8. 

Related: Find Where Delta-8 THC is Legal Near You

If you’re traveling out of SC, make sure the state you’re going to allows delta-8 THC products. Currently, 18 U.S. states regulate or prohibit delta-8, none of which share a border with SC. 

Can you travel to South Carolina with marijuana-derived delta-8 THC? 

No. You cannot travel into South Carolina with marijuana or marijuana-derived delta-8 THC. Why? Because South Carolina hasn’t legalized recreational or medical cannabis. Possession of high-THC marijuana can be punishable by up to 30 days to 6 months in prison depending on the quantity.

Is delta-10 THC legal in South Carolina?

Yes. Like delta-8, hemp-derived delta-10 THC is legal in the state of South Carolina. For the delta-10 products to be legal and protected under state law, they must be sourced from hemp carrying no more than 0.3% THC as outlined in the federal 2018 Farm Bill. 

Is CBD legal in South Carolina?

Yes. Cannabidiol (CBD) and CBD products are legal to purchase, use, possess, sell, distribute, and produce in the state of South Carolina. For CBD to be legal in SC, it must be sourced from hemp plants carrying no more than the legal 0.3% THC limit (by dry weight). 

Is CBD derived from marijuana legal in South Carolina? 

No. CBD derived from marijuana is illegal. However, low-THC, high-CBD oils containing up to 0.9% THC are legal and available to patients with certain qualifying medical conditions, namely seizures related to epilepsy.

Upcoming legislation in South Carolina that could change delta-8’s legality?

There is no upcoming state legislation that could change the legality of delta-8 THC in South Carolina. For now, delta-8 will remain legal in the state. 

Is the federal government seeking to change delta-8’s legality in the United States?

Yes. The federal government and Drug Enforcement Agency (DEA) are seeking to change delta-8’s legality in the US. 

The DEA issued an Interim Final Rule (IFR) in mid-2020 addressing the legal status of synthetically-derived cannabinoids. What does “synthetically derived” have to do with delta-8? Well, delta-8 is a minor cannabinoid, meaning hemp plants only carry up to 1%. 

This percentage isn’t enough to create potent products, so producers chemically derive delta-8 from CBD via a structural isomerization process under laboratory conditions. This process takes CBD, alters its molecular structure with chemicals, and converts it into delta-8. 

As a result, the DEA might consider delta-8 a synthetic cannabinoid, which could categorize it as a federally illegal controlled substance. 

The future for delta-8 THC in South Carolina

For now, delta-8 THC products remain legal in the state of South Carolina. No upcoming state legislation is set to change this. 

Unfortunately, the federal government and the DEA might put a stop to delta-8 not only in South Carolina but across the entire country. So, right at this very moment, delta-8 is legal and ready for you to enjoy. In the future? Who knows.