CBD In South Carolina

Complete Buyers Guide

Is CBD oil legal in South Carolina?

The answer is yes, CBD is legal in South Carolina in 2022. Along with CBD oil, most other CBD infused products such as CBD tinctures, capsules, creams, and so forth are also legal (see list of CBD products below). 

The one exception, is smokable hemp flower, although this is still being debated. 

Smokable hemp can still be purchased online, it’s inadvisable to smoke hemp in public as it smells just like a weed and is likely to get you arrested.

Furthermore, any products produced from cannabis, or any products produced from hemp that have more than 0.3 percent CBD are still illegal in the state. If you’re caught with such products you can be subject to the penalties of the state’s marijuana laws.

Controversy over cured, smokable hemp flower

Although the Hemp Farming Act was lauded by stakeholders in the hemp industry, there was one problem for consumers. Within the bill was language meant to prevent unlicensed parties from possessing raw hemp. The state Attorney General’s Office interpreted the law to mean that it was illegal to sell cured smokable hemp. The opinion states “the statute makes it clear that the mere possession of raw unprocessed hemp or hemp not in a finished hemp product without a license is unlawful.”

However, the notion that cured and trimmed CBD-rich hemp flower counts as “unprocessed hemp” is being challenged. 

The law was implemented to remove obstacles for state law enforcement officials in enforcing marijuana laws. Smokable CBD-rich hemp flower looks and smells exactly like marijuana. Although drug labs in the state had the capability to test for the presence of THC, they were not designed to test for the actual percentage of the buzz-causing compound. 

Although South Carolina’s licensed hemp farmers are arguably only permitted to sell dried flowers to processors and not directly to retailers, they are allowed to sell the product in other states. And although it’s easy for retailers to purchase cured hemp flower from other states, selling the product in-state puts them at risk of being raided.

So, that’s the background that led us up to 2022.

South Carolina Hemp CBD FAQ | 2022

Can I get a medical card for CBD oil in South Carolina?

The SC MMJ Program is behind the times. Doctors can recommend CBD oil to any of their patients, however, keep in mind that insurance companies are not required to cover the cost of CBD oil or any other herbal treatment, for that matter.

Is Delta 8 THC legal in South Carolina?

In House Bill 3449, Section 46-55-10, the legislation says any part of the hemp plant is legal. This can be interpreted as all cannabinoids, Delta 8 THC being one of them.

Because it’s a form of tetrahydrocannabinol that has mild psychotropic effects, Delta-8 falls into a gray area of CBD laws. Several U.S. states don’t seem to be too concerned with D8, some have regulated or banned it and lawmakers in some other states are looking into doing the same.

More than half of U.S. states allow the sale of D8 outside of marijuana dispensaries including Nevada, Ohio, Florida, Virginia, Pennsylvania, New Jersey, and Massachusetts.

What medical conditions are being Helped with CBD oil in South Carolina?

Although Epidiolex, which is essentially purified CBD, is being used to treat epilepsy and other seizure disorders in the state, studies are underway to determine the safety and efficacy of CBD in treating dozens of medical conditions. So far the results have been quite promising. 

The most common conditions reported by those who use CBD oil are anxiety, depression, stress, sleep disorders such as insomnia, and chronic pain.

Here’s a list of some of the many medical conditions being treated with hemp CBD oil in South Carolina.

Can I Buy CBD online in South Carolina?

Yes, you are permitted to purchase CBD products online in South Carolina. That includes smokable hemp. However, as we have warned, don’t use it in public until the matter of its legality has been settled once and for all.

What CBD products are Available?

Again, as mentioned earlier, the only product that is currently on the naughty list is smokable hemp. And even that is being debated at the time of writing.

Here are just some of the CBD products that are legal in South Carolina:

Can I legally grow my own hemp in South Carolina?

Only state-licensed farmers and processors are permitted to grow and process hemp. There is no limits to the number of grower permits and no limit on acreage.

See the links at the end of the article for more information on growing and processing hemp in South Carolina.

Can I Start my own CBD business?

Again, the answer is yes as long as you’re not selling smokable hemp. 

That being said, if you’re running a shop and not just direct selling it’s a good idea to discuss your decision to sell CBD products with a qualified and experienced attorney who is well versed in South Carolina’s hemp and CBD laws.

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