Selling, supplying, using, and possessing Delta-8, Delta-9, and Delta-10 is a gray area in South Carolina. The state is one of 13 to declare possession of marijuana with Delta-9 THC unlawful, which led to psychoactive hemp extracts like Delta-8 being made available across the state.
It’s easy to believe that Delta-8 is legal because it’s extracted from legal hemp, but it’s unlawful under its own interpretation of South Carolina’s Hemp Farming Act. It’s only natural to be confused, which is why we’ve provided answers to some of the most commonly asked questions about hemp.
Can You Go to Jail for Hemp-Derived Products?
Ask a lawyer for Delta-8 or 9 products if you can face jail time for possessing hemp-derived products, and the answer is yes if you live in South Carolina. While Delta-8 and other hemp-derived products are still being sold, the state of South Carolina is still debating their legality. If you are arrested for possessing hemp-derived products, you can face marijuana-related charges, which can sometimes come with jail time.
Is Delta-8 Legal in South Carolina?
Delta-8 THC is produced naturally by the cannabis plant and is a psychoactive substance. However, even though it’s produced naturally, it’s not found in the cannabis plant in significant amounts, which means concentrated volumes of Delta-8 THC are generally manufactured from hemp-derived CBD.
The South Carolina Hemp Farming Act doesn’t provide an exception for Delta-8 THC. As a result, the South Carolina Law Enforcement Division’s position is that THC that isn’t a Delta-9 THC concentration of not more than 0.3% dry weight is prohibited.
Is Marijuana Legal in South Carolina?
As of 2022, marijuana remains illegal in South Carolina. A medical marijuana bill known as the SC Compassionate Care Act didn’t pass in the state legislature. If it had, it would have allowed up to a dozen medical conditions to be treated with non-smokable medical cannabis. However, that doesn’t mean it will never pass. According to the bill’s sponsors, it would be reintroduced in 2023.
Is Hemp Legal in South Carolina?
Hemp is described as a part of the Sativa plant with a THC concentration of 0.3% or below dry weight. Anything above 0.3% is classed as marijuana, which is illegal. In South Carolina, you can buy and sell hemp as an oil, supplement, or product for cosmetic purposes. You can also use it in its industrial form as paper, biofuel, and rope. As long as you have a permit from the South Carolina Department of Agriculture, you can also grow hemp as a hemp farmer.
Have People Been in Trouble for Buying and Selling Delta-8?
You might assume that law enforcement officers would go easy on people buying and selling Delta-8 products since they are legal in many parts of the United States. However, South Carolina businesses selling hemp-derived products have been targeted.
For example, in 2021, Clinton police in Laurens County visited a vape shop and seized $5,000 worth of products. The shop owner said the police told him that Delta-8 products were illegal in South Carolina and said they contained too much THC.
Many people say the laws surrounding hemp-derived products in South Carolina are ambiguous, and there’s potential for the confusion to lead to people unintentionally breaking the law. Seek help from a criminal defense attorney if you’re unsure if your actions with hemp-derived products are legal or illegal.
