South Carolina's laws do not address synthetic marijuana or cannabinoids in any capacity. All state hemp rules only cover industrial hemp, hemp-derived products like CBD oil, and low-THC medical marijuana.
Residents of South Carolina may grow, process, and sell industrial hemp as long as they are at least 18 years old and have received permits from the SCDA . Permits are required, and these are extremely limiting. Permittees must adhere to stringent rules that define what they may and cannot do. The permits have a term of one year from the date of issue, and they must be renewed on an annual basis.
Prior to the passage of the 2018 Farm Bill at the federal level, cannabidiol (CBD) has been legal in South Carolina under state law in a limited way. Hemp farming laws were implemented years before the federal legislation was passed. Following the 2018 Farm Bill's passage, South Carolina became the first state to show its backing with new legislation that modified and clarified the state's existing hemp cultivation rules.
Table of contents
1. Brief info
- Is CBD Legal in South Carolina?
- Who Can Buy CBD in South Carolina?
- Who Can Grow CBD Products in South Carolina?
- Who is protected from criminal offenses regarding CBD use?
- More in-depth information about the state regulations and laws
2. South Carolina CBD lawsPrior to the passage of the 2018 Farm Bill at the federal level, cannabidiol (CBD) has been legal in South Carolina under state law in a limited way. Hemp farming laws were implemented years before the federal legislation was passed. Following the 2018 Farm Bill's passage, South Carolina became the first state to show its backing with new legislation that modified and clarified the state's existing hemp cultivation rules. South Carolina's laws do not address synthetic marijuana or cannabinoids in any capacity. All state hemp rules only cover industrial hemp, hemp-derived products like CBD oil, and low-THC medical marijuana. The following legislation had a role in the acceptance of CBD in South Carolina:
Julian’s Law (SB1035)Since 1970, the Controlled Substances Act has strictly prohibited the use of marijuana, hemp, and other cannabis-derived products. Cannabis was designated as a Schedule I drug under this legislation. However, South Carolina's Senate Bill 1035 authorized the limited use and distribution of medical cannabis for a specific illness in 2014. The bill permitted persons with severe epilepsies, like Dravet Syndrome and Lennox-Gastaut Syndrome, to use medical marijuana and cannabidiol legally. Children who had experienced a seizure were also allowed to take medical marijuana or CBD oil if their doctor recommended it and their parents or guardians gave permission. Before they can use medical marijuana or CBD, patients must be shown to be unresponsive to traditional medical therapies. Furthermore, the legislation permitted the use of medical marijuana and CBD oil with at least 15% CBD and no more than 0.9% THC concentration.
Industrial Hemp Bill (HB3559)The South Carolina legislature passed House Bill 3559, also known as the Industrial Hemp Bill, a year before the federal government passed the 2018 Farm Bill. The South Carolina Industrial Hemp Program was established by HB3559, which was signed on May 10, 2017. Under the bill, industrial hemp was recognized as an agricultural crop. The legislation also permitted 20 permit holders to grow hemp on up to 20 acres for research purposes during the pilot program's first year. Eighty permits were granted in years two and three of the program. The state's Department of Agriculture and higher education would evaluate the program after the fourth and following years to determine how many permits and acres of land are permitted for cultivation.
South Carolina Hemp Farming Act (HB3449)South Carolina has removed industrial hemp and hemp-based items from the state's Controlled Substances Act in accordance with federal law's removal of industrial hemp and hemp-based goods from the Controlled Substances Act. On March 28, 2019, the state passed House Bill 3449, commonly known as the Hemp Farming Act, which removed the prior restriction on hemp cultivation grounds. The Hemp Farming Act also allowed cultivators to produce hemp for commercial purposes, provided they had a license.
Licensing RequirementsResidents of South Carolina may grow, process, and sell industrial hemp as long as they are at least 18 years old and have received permits from the SCDA. Permits are required, and these are extremely limiting. Permittees must adhere to stringent rules that define what they may and cannot do. The permits have a term of one year from the date of issue, and they must be renewed on an annual basis. The application period for hemp farmers permits for the 2020 growing season closed on March 31, 2020. Applicants who want to start commercial hemp industries that include planting, farming, processing, and selling all in one need to get a hemp farmers permit, as well as other licenses required to process industrial hemp.
Hemp Farmer/Growers PermitIndividuals or companies seeking a hemp farmer permit must pay an annual charge of $1,000. The SCDA does not issue permits until payment has been received. Apart from the yearly cost, applicants must provide proof of South Carolina residency and pass a criminal background check. Permit holders of the industrial hemp program are permitted to grow industrial hemp plants. They may also store, handle, transport, and market raw hemp plant parts.
Hemp Processor PermitThe annual permit fee for a hemp processor is $3,000 per location, as well as a non-refundable application fee of $100. Individuals and companies who want to process hemp must obtain a Dealer and Handler License from the Department of Agriculture, along with a Weighmaster License from the South Carolina Department of Labor. Both licenses have different fees and criteria. A hemp-processing permit, dealer or handler license, and weighmaster license are required for each processing location.
Where to Buy CBD Products Legally In South Carolina?Individual state restrictions may not prevent CBD derived from industrial hemp from being sold in dispensaries, marketplaces, and online shops under the 2018 Farm Bill. To sell cannabidiol (CBD) and hemp products in South Carolina, no permit is necessary. Customers may purchase CBD oil and other CBD goods from health and wellness stores. Many shops and CBD companies also provide curbside pickups and online purchasing services. A simple Google search for CBD merchants in South Carolina reveals a flourishing CBD sector with over 40 locations and brands to select from. In Lexington, SC, Essential Vapors & CBD is one of the most highly rated and BBB-accredited CBD businesses. The Better Business Bureau (BBB) has given this firm its coveted accreditation, which means it has met the organization's accreditation requirements, including ethical business practices and a good effort to address any consumer issues. CBD is also available in several forms, including liquid, oral drops, capsules, e-liquids, gums, and patches. It can also be found in vape oil or shatter. Some websites may ask for proof of age from customers purchasing CBD products online; others may request proof that they are 18 years old or older. The Cannabis Pharmacy is a local business in Charleston, South Carolina that sells various CBD products through its online store.
Medical Cannabis in South CarolinaTo be eligible for medical marijuana therapy in South Carolina, you must fulfill the following needs:
- You've been diagnosed with one of the qualifying diseases that is allowed for medical marijuana therapy.
- Have a written certification approval from a South Carolina licensed physician.
- A letter from your employer verifying your employment in South Carolina.
- Multiple sclerosis
- Neurological disease or disorder, including epilepsy
- Sickle cell anemia
- Chronic pain
- Post-traumatic stress disorder, or PTSD
- Crohn’s disease
- Ulcerative colitis
- Cachexia, or wasting syndrome
- Severe or persistent nausea — Senate version requires patient to be homebound
- Terminal illness with less than a year to live
- A condition causing severe and persistent muscle spasms
- A condition for which opiates could be prescribed
- Any debilitating condition the recommending doctor is qualified to treat — House version only
Steps to Receive a Medical Marijuana Card in South Carolina
Step 1: Meet With a Certified DoctorMeet with a certified doctor to get approval for your medical condition.
Step 2: Fill in the Application and Pay the FeesFill in your application, by providing information about your residence, date of birth, qualifying condition, etc.
Step 3: Receive the CardReceive your card, after approval.
South Carolina CBD possession limitsHemp-derived CBD may now be purchased in stores across the state. There are no limits to how much CBD you may buy, consume, or keep in South Carolina. As a result, hemp-derived CBD is rather uncontrolled in this state. But it is still against the law to possess marijuana for recreational purposes, even if you have a medical marijuana identification card. Possessing or selling cannabis in violation of state law may result in fines up to 10,000 USD and a prison sentence of up to ten years. It's vital to remember that marijuana is prohibited in South Carolina regardless of whether it's used for medical or recreational purposes.
- Geoffrey William Guy; Brian Anthony Whittle; Philip Robson (2004). The Medicinal Uses of Cannabis and Cannabinoids. Pharmaceutical Press. pp. 74–. ISBN 978-0-85369-517-2.
- Bloomsbury Publishing (2010). Dictionary of Medical Terms. Bloomsbury Publishing. p. 139.