Is CBD oil legal in South Carolina? Unfortunately, the answer is not straightforward. Here's everything you need to know and more. Trying to find a reliable source of CBD in South Carolina? Here, we discuss the relevant laws and how to find high-quality CBD online.
CBD Oil in South Carolina [Understanding the Laws]
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CBD, for all its popularity, can be a complicated matter. This compound has caused quite a stir. It burst onto the scene a few years ago, with consumers eager to give it a try. Now, it is an industry worth billions of dollars.
Despite all this, it remains controversial. As a cannabinoid, CBD is generally harvested from hemp rather than marijuana. However, years of vilification and criminalization have made the distinction between the two plants less than clear.
Federal and state laws are at a disconnect regarding marijuana and CBD. The situation is also changing all the time, leaving CBD users in a perplexing situation.
South Carolina residents may wish to know where CBD stands legally, especially given the numerous CBD stores dotted throughout the state.
This guide breaks down the current situation with CBD oil in South Carolina and briefly looks into the state’s marijuana laws.
Is CBD Oil Legal in South Carolina?
The situation with CBD remains, unfortunately, complicated. Most citizens don’t quite know the rules, although it does seem as if CBD is permitted in the state now that hemp is no longer on the list of controlled substances. It appears as if South Carolina has followed the rules of the 2018 Farm Bill, with farmers now allowed to grow the substance legally.
South Carolina CBD Law – Julian’s Law
In 2014, Republican Governor Nikki Haley signed Senate Bill 1035 into law. It is also known as Julian’s Law, and it passed following a unanimous vote in the Senate and a 92-5 House vote.
It is a state law that allows children with severe, untreatable epilepsy to use CBD oil (with a maximum of 0.9% THC and a minimum of 15% CBD). That is, as long as a licensed physician certifies that the patient is eligible.
Currently, only one CBD-based drug is approved by the FDA: Epidiolex. This drug treats epilepsy patients under particular circumstances, and federal law prevents doctors from prescribing any other forms of cannabidiol.
South Carolina Hemp Farming Act
The existence of Julian’s Law implies that one may only use CBD oil if a physician has provided a certification. However, this fact is complicated by the 2018 Farm Bill.
Every five years or so, the federal government updates its agriculture and farming laws in the Farm Bill. The most recent change came in 2018, during which the Hemp Farming Act was established. The federal government defined hemp as any cannabis plant containing less than 0.3% THC by dry weight. Effectively, this decriminalized hemp and its non-intoxicating by-products – such as CBD.
The state passed an Industrial Hemp Bill in May 2017, over 18 months before the 2018 Farm Bill. However, it was the South Carolina Hemp Farming Act of March 2019 that helped the industry grow. This legislation removed limits on allowable hemp cultivation land.
Now that the South Carolina Hemp Farming Act allows hemp growing, it seems as if CBD products are permitted in the state.
Now that the South Carolina Hemp Farming Act allows hemp growing, it seems as if CBD products derived from hemp with a maximum of 0.3% THC are permitted in the state.
However, SC recognizes CBD as an active ingredient in an FDA-approved drug (Epidiolex). Therefore, it bans the sale and manufacture of food products containing CBD alone. Adding the cannabinoid in any food or beverage violates section 301 (II) of the Food, Drug, and Cosmetic Act.
However, it is legal to use hemp and specific derivatives, like full-spectrum hemp oil, as ingredients or food additives. Ultimately, the South Carolina Department of Agriculture does NOT approve CBD isolate as a hemp food ingredient.
What Are the Marijuana Laws in South Carolina?
At present, SC residents have no option but to purchase CBD oil because marijuana remains completely illegal. Code 44-53-110 effectively bans cannabis and its derivations, such as cannabinoids. Therefore, cannabis oils and similar products are prohibited in the state. Possession and use of such items can warrant both fines and imprisonment.
Some would claim that “Julian’s Law” is a medical marijuana law, but it’s a little more complicated than that. This law does not permit ‘medical marijuana’ in its raw and natural form. Instead, it allows qualifying patients to use oils with a maximum of 0.9% THC.
In 2019, lawmakers briefly considered passing the Compassionate Care Act, which would have allowed qualifying patients to possess up to 2 ounces of marijuana. However, it did not pass.
Supporters of MMJ in South Carolina keep fighting, and there is another bill to legalize medical marijuana in the state on the table. The latest version of the South Carolina Compassionate Care Act must pass the Senate first. The House Speaker, Jay Lucas, has promised to let the bill go through the House Process if it gets that far.
The bill will permit MMJ patients to buy and possess up to two ounces of marijuana every two weeks if passed. It will also involve approving 15 licenses for vertically integrated cannabis businesses, and the state can have up to 100 licensed MMJ dispensaries.
Although a recent poll found that SC residents favored medical marijuana legalization by a ratio of five to one, the latest attempt to legalize weed in South Carolina faces an uphill task.
Cannabis Penalties in South Carolina
South Carolina has not decriminalized marijuana, so the possession of any amount is a misdemeanor with a potential 30-day jail term. A second offense could result in a year spent behind bars. The possession of over 10 grams of hash or concentrates carries a maximum prison term of five years!
The sale or cultivation of any amount of marijuana is a felony with a possible five years imprisonment as the punishment.
Where to Buy CBD Oil in South Carolina?
As the penalties are severe, you must be very careful when checking out CBD stores in South Carolina. Please ensure that you only buy from sellers that produce a third-party lab report with their products. Remember, if your CBD oil contains more than 0.3% THC, it is classified as a marijuana product.
We’ve taken the liberty of providing a list of physical stores that sell CBD products in South Carolina, as well as several online stores with excellent reputations.
Local Stores in South Carolina
Name of Store
Herbal Passion, LLC
845 Savannah Hwy, Charleston, SC 29407
6513, 704 Seaboard St unit f, Myrtle Beach, SC 29577
The Bizarre Bazaar Smoke Shop
7523 Garners Ferry Rd B, Columbia, SC 29209
1553 N Pleasantburg Dr, Greenville, SC 29609
2112 S Irby St, Florence, SC 29505
Final Thoughts on CBD Oil in South Carolina
The South Carolina example shows that CBD legislation is not always clear-cut. Laws are changing all the time, too, and it can be tough to keep up.
At the time of writing, it appears that hemp-derived CBD products with a maximum THC content of 0.3% are permitted. After all, numerous CBD stores and businesses operate throughout the state without repercussions. However, please note that South Carolina doesn’t allow the sale and manufacture of food products containing CBD isolate.
All products must contain a low level of THC. Otherwise, they are classed as marijuana – both federally and within the state.
With all the revenue that CBD brings, it’s unlikely that hemp or CBD will be explicitly banned any time soon. However, marijuana remains firmly illegal in this state. As a result, all products must contain a low level of THC. Otherwise, they are classed as marijuana – both federally and within the state.
Only children with severe epilepsy can use products with slightly more THC. Even then, Julian’s Law only allows a maximum of 0.9% THC.
Where to Buy CBD in South Carolina in 2020
The southern states have moved relatively slowly when it comes to marijuana law reform. South Carolina is no exception.
Usually, your best option for finding high-quality, legal CBD in South Carolina is to place your order online.
CBD has been demonstrated to treat pain, inflammation, anxiety, seizures, nausea, and more.
As the demand for CBD increases across the United States, more companies are entering the industry. However, not all of these companies are sticking to the already loose regulations currently in place.
If you want to purchase high-quality CBD in South Carolina, you’ll need to know how to protect yourself from legal repercussions.
2. All Hemp-Derived Cannabinoids Legal | Marijuana Illegal
Table of Contents
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- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Check out the full list of top-rated CBD oils for 2021
Is CBD Legal in South Carolina in 2022?
Yes, CBD is completely legal in the state of South Carolina.
South Carolina has introduced a limited medical CBD program. This program allows certain patients to access limited-THC-content CBD.
In 2014, Governor Nikki Haley signed Senate Bill 1035 (also known as Julian’s Law), which made it possible for children with severe epilepsy to access CBD.
The bill also established a program at the University of South Carolina to study the effects of CBD on seizures.
Under Julian’s Law, CBD cannot contain a THC content of more than 0.9%. Get caught with CBD containing a THC content of more than 0.9%, and the police will treat it as marijuana possession.
To Qualify for CBD under Julian’s Law, you must:
- Be suffering from Lennox-Gastaut Syndrome, Dravet Syndrome, or any other type of severe epilepsy.
- Be unable to be treated by traditional medicines.
- Receive a recommendation from a physician or doctor of osteopathy licensed by the South Carolina Board of Medical Examiners.
- Not possess forms of cannabis that contain less than 98% CBD and more than 0.9% THC.
As you can see, it’s not easy to get your hands on medical CBD in South Carolina.
However, although South Carolina’s marijuana laws are strict, there is still hope.
The state lawmakers are working on passing a bill known as The Compassionate Care Act. The law would create a medical marijuana system that would expand the current Julian’s Law.
CBD vs. THC
CBD can be made using both flowering marijuana and industrial hemp plants.
One of the critical differences between the two plants is the amount of THC they produce.
Marijuana plants produce a lot of THC. Therefore, any extracts or oils made from them will likely have enough THC to get you high. These are illegal under federal and South Carolina law.
On the other hand, industrial hemp plants don’t contain enough THC to get you high.
Since it passed the 2018 Farm Bill, the Federal Government no longer considers industrial hemp as a Controlled Substance.
What does this mean?
The 2018 Farm Bill made it legal to sell, purchase, and consume industrial hemp CBD. As long as the oil contains less than 0.3% THC, it’s legal, according to the Federal Government.
Now, how can you get your hands on legal CBD in South Carolina?
How to Buy CBD in South Carolina
Buying CBD in South Carolina is relatively easy. You can find products sold over the counter in vape stores, head shops, and natural health outlets.
The CBD industry is rapidly growing, with new laws introduced continually; this can make it difficult to find a reliable supplier of CBD.
Hundreds of new products are appearing on the market every week — some much better than others.
If you want to get high-quality CBD every time, we always recommend buying online, where it’s easy to conduct a background check on the company and its products.
We have included a short guide for buying CBD in South Carolina below. Follow these steps to protect yourself from shady CBD companies!
Advice for Buying Quality CBD in South Carolina
Before you commit to buying from a CBD supplier, take a few minutes and research its products.
The Journal of Regulatory Science has found that many CBD products sold over the counter don’t contain any CBD at all. In some cases, they found potentially harmful additives, including solvents and pesticides.
How to Protect Yourself from Shady CBD Companies
- Check if the company has had its products tested by a third-party lab. This is the best way to make sure you’re getting a high-quality product. Third-party labs can test for foreign materials and additives such as pesticides and solvents. They can also make sure that the CBD content in the product matches what the company is advertising. Therefore, only buy from companies that have had their products tested.
- Don’t buy from a company that claims CBD is a miracle worker. If a company claims that CBD is a cure for any medical conditions, you shouldn’t trust it. It’s likely trying to make a quick buck off of the uninformed customer. CBD won’t cure any diseases, but it will help you effectively manage your symptoms.
- Full-spectrum oil is the way to go. CBD on its own is a great health supplement. Full-spectrum CBD contains other compounds that provide other benefits, and even boost CBD’s benefits.
- Only buy CBD that has been extracted using CO2. CO2 extraction is the best way to make CBD products. It doesn’t require any additional heat, which helps preserve any CBD taken out of the plant. It also doesn’t need the help of solvents, so you can be confident that your CBD oil is pure and clean.
- Always check the THC content of any CBD product you buy. This is less about quality and more about protecting yourself from the law. You can only legally purchase CBD that is produced with industrial hemp and has a THC content of less 0.3%. As long as you stay below this limit, you shouldn’t have too much trouble.
Whether you decide to purchase online or in-store, these guidelines will put you on the right path to finding a reliable CBD supplier.
1. Online Shops
Online stores are the most convenient way to purchase CBD in South Carolina. If you want to save time and money, buy your CBD oil online.
Making your purchase online will allow you to easily verify the source of your oil and view the best information about the CBD products.
In addition, you’ll be able to take advantage of bulk-purchase packages and lower pricing that you probably won’t find locally. Shopping online cuts out the middleman by going right to the source. The supplier can, therefore, pass on savings to its customers in the form of special prices and discount deals.
Driving around town trying to find the right product for your needs is hugely time-consuming. South Carolina doesn’t mess around when it comes to marijuana products, so it might be hard to find a high-quality product sold over the counter.
If you’re still hoping to find something locally, we have made a list of stores that might sell CBD over the counter in South Carolina.
Take a look below and see if you can find your city.
2. Local Stores in South Carolina
Your best chance of finding local CBD is by heading to a vape store. However, you might be able to find some products in drug stores, head shops, and natural health outlets.
Even if you purchase locally, remember to go through our high-quality CBD checklist above before handing over your cash.
Is Marijuana Legal in South Carolinain 2022?
Unfortunately, South Carolina has some of the strictest marijuana laws in the United States. Marijuana is currently illegal for both medicinal and recreational purposes; this is partly because marijuana remains an illicit drug in the eyes of the Federal Government.
According to the Controlled Substances Act, marijuana is a Schedule 1 drug.
Drugs Listed as Schedule 1 Have the Following Qualities:
- They are incredibly addictive and are very likely to be abused.
- There are no approved medical applications, according to the Federal Government.
- They cannot be used safely under professional medical supervision.
Marijuana Possession Penalties in South Carolina
South Carolina isn’t a great place to get caught with marijuana. Even possession of small amounts can lead to a criminal record and jail time.
Get caught with any amount less than an ounce for a first offense, and you could face up to six months in jail and a $200 fine. Any offense after your first is punishable by up to a year in prison and a $1000 fine.
If you’re caught selling marijuana in any amount, it’s an immediate felony, and you might end up serving five years in prison and paying a $5000 fine.
Cultivating marijuana in any amount is also punishable by a maximum prison sentence of five years and a $5000 fine.
These punishments aren’t unusual for southern states. South Carolina hasn’t made any meaningful efforts to legalize marijuana for medicinal or recreational purposes.
Unfortunately, it’ll likely be quite some time before you’re able to walk into a dispensary and purchase your favorite strain of marijuana in South Carolina.
Is Delta 8 THC Legal in South Carolina in 2022?
You’ll be glad to know that delta 8 THC is legal in South Carolina.
This is excellent news for everyone needing medical marijuana. Delta 8 offers nearly the same benefits as delta 9 (THC) — including the high. Of course, this also has many people (and governments) question delta 8’s legality.
How to Buy Delta 8 THC
The same places that sell CBD will likely carry delta 8. However, it’s best to avoid these shops for the same reasons we mentioned for CBD. They’re generally expensive, lack selection, and carry low-quality products.
For the highest quality delta 8, shop online. It’s easy to check for third-party test results; plus, you’ll find a huge variety of products that are competitively priced.
However, be aware that the online market is flooded with less-than-great companies selling delta 8.
Here are three of the top delta 8 vendors that have proven their trustworthiness:
If you decide to shop locally, do your research before buying. Most places don’t know anything about the delta 8, which means you have no idea what you’re putting into your body.
Recommended CBD Retailers in South Carolina
All of these stores should sell CBD over the counter. They should also have knowledgeable employees who can point you in the direction of a great source of CBD.
Final Notes on Buying CBD & Delta 8 THC in South Carolina
South Carolina doesn’t treat marijuana lightly. Even possession of small amounts can lead to prison time and hefty fines.
However, you can buy CBD and delta 8 THC. Even though you’ll probably see shops selling these products, it’s important to know exactly what’s in them.
Because of this, it’s best to buy online. You’ll be able to check for safety and find better prices in the process.
Although South Carolina has implemented a medical CBD program, the state makes it very difficult for patients to access it. Currently, the program is only available to a small selection of epilepsy patients.