Is CBD (Cannabidiol, hemp-derived) Legal in South Carolina? (2026)

Edible / ingestible

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in South Carolina as edible / ingestible. South Carolina: CBD foods and products expressly within 'hemp products'; no retail rules. Controlling source: S.C. Code Title 46, ch. 55.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

S.C. Code 46-55-10 defines hemp and hemp products by 'the federally defined THC level for hemp', expressly including food for animal or human consumption and any product containing hemp-derived cannabinoids such as CBD, and 46-55-30 says the chapter does not apply to the sale of hemp products and extracts including CBD; marijuana excludes THC in hemp products. No age rule, license or food ban. Because the THC level is tied to the federal definition, the federal Dec. 11 cap may flow into state law (interpretive). H.3924 (smokable ban, 21+, 0.4 mg cap, shipping ban) failed when the House rejected the conference report. Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: Federally defined THC level. Pending: H.3924 could be revived in 2027. State definition references the federal THC level, so the Dec. 11 cap may apply automatically. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

Source of excerpt

Citations

  1. S.C. Code Title 46, ch. 55 (South Carolina Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. H.3924 (2025-2026) (South Carolina Legislature, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Flower / raw plant

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in South Carolina as flower / raw plant. South Carolina: no smokable hemp ban in force; H.3924 would ban smokeable flower and pre-rolls but has not passed. Controlling source: H.3924 (2025-2026) bill page and text.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

No enacted South Carolina statute bans smokable hemp as of 2026-10-07; the pending H.3924 would add to S.C. Code 46-55-10(4) that smokeable flower or prerolls are not consumable hemp products and are prohibited from being sold in this State, plus 21+ and a direct-shipment and online-sales ban. The Senate adopted the conference report on 6/25/2026 but the House rejected it (28-69), so it has not been ratified. Current law (S.C. Code 46-55, hemp farming act) defines hemp by the federal 0.3% delta-9 standard (not separately fetched). Penalty: none specific in force. High watch item: a revived H.3924 would make South Carolina a named-ban state. Applies to CBD cigarettes, pre-rolls and flower. Flags: sale ban False, manufacture-only ban False, shipping ban False, 21+ False, license False, total-THC flower test False. Pending: H.3924 (2025-2026) would declare 'Smokeable flower or prerolls' not consumable hemp and prohibited from sale, add 21+, a 0.4 mg per container cap and a direct-shipment ban; House rejected the conference report and the bill was residing in the Senate (last action 2026-06-25). Not law. Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container.

Controlling language, verbatim

Smokeable flower or prerolls are not considered a consumable hemp product and are prohibited from being sold in this State.

Source of excerpt

Citations

  1. H.3924 (2025-2026) bill page and text (South Carolina General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. S.C. Code 46-55 (current); H.3924 (pending, not enacted) PRIMARYOFFICIAL
  3. A Temporary Reprieve for Hemp-THC Products... But what now? (Foley Hoag, Sept 2026) (Foley Hoag LLP, 2026-10-07)OTHER

Other

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in South Carolina as other. South Carolina: hemp products expressly include food for animal consumption. Controlling source: S.C. Code Title 46, ch. 55.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

S.C. Code 46-55-10 defines hemp and hemp products by 'the federally defined THC level for hemp', expressly including food for animal or human consumption and any product containing hemp-derived cannabinoids such as CBD, and 46-55-30 says the chapter does not apply to the sale of hemp products and extracts including CBD; marijuana excludes THC in hemp products. No age rule, license or food ban. Because the THC level is tied to the federal definition, the federal Dec. 11 cap may flow into state law (interpretive). H.3924 (smokable ban, 21+, 0.4 mg cap, shipping ban) failed when the House rejected the conference report. Applies to CBD pet products. Limit noted: Federally defined THC level. Pending: H.3924 could be revived in 2027. State definition references the federal THC level, so the Dec. 11 cap may apply automatically. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

Source of excerpt

Citations

  1. S.C. Code Title 46, ch. 55 (South Carolina Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. H.3924 (2025-2026) (South Carolina Legislature, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Topical

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in South Carolina as topical. South Carolina: no state rule on CBD topicals. Controlling source: S.C. Code Title 46, ch. 55.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

S.C. Code 46-55-10 defines hemp and hemp products by 'the federally defined THC level for hemp', expressly including food for animal or human consumption and any product containing hemp-derived cannabinoids such as CBD, and 46-55-30 says the chapter does not apply to the sale of hemp products and extracts including CBD; marijuana excludes THC in hemp products. No age rule, license or food ban. Because the THC level is tied to the federal definition, the federal Dec. 11 cap may flow into state law (interpretive). H.3924 (smokable ban, 21+, 0.4 mg cap, shipping ban) failed when the House rejected the conference report. Applies to CBD topicals. Limit noted: Federally defined THC level. Pending: H.3924 could be revived in 2027. State definition references the federal THC level, so the Dec. 11 cap may apply automatically. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

Source of excerpt

Citations

  1. S.C. Code Title 46, ch. 55 (South Carolina Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. H.3924 (2025-2026) (South Carolina Legislature, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Status by product form in South Carolina

FormStatusHeadlineVerified
Edible / ingestible LegalSouth Carolina: CBD foods and products expressly within 'hemp products'; no retail rules.2026-10-08
Flower / raw plant LegalSouth Carolina: no smokable hemp ban in force; H.3924 would ban smokeable flower and pre-rolls but has not passed.2026-10-08
Other LegalSouth Carolina: hemp products expressly include food for animal consumption.2026-10-08
Topical LegalSouth Carolina: no state rule on CBD topicals.2026-10-08

Where CBD (Cannabidiol, hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among South Carolina's 2 neighbors, Georgia is restricted; North Carolina is legal.

Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in South Carolina

Federal posture

Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail

Pending deadlines

  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    From Dec 11, 2026 a final hemp product with more than 0.4 mg combined total THC (THCA included) per container is not hemp; full-spectrum CBD oils, gummies, topicals and pet products over 0.4 mg, and CBD flower and pre-rolls (0.3% total THC can exceed 0.4 mg per package) become marijuana federally. THC-free and broad-spectrum products at 0.4 mg or less stay hemp. Cannabinoids synthesized outside the plant are excluded.

Verbatim law on file for South Carolina

5 instruments on file for this compound's framework in South Carolina; 11 of 12 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

S.C. Code 46-55 (current); H.3924 (pending, not enacted) · S.C. Code 46-55 (current); H.3924 (pending, not enacted)OFFICIAL
Instrument
S.C. Code 46-55 (current); H.3924 (pending, not enacted)
Source
https://scstatehouse.gov/sess126_2025-2026/bills/3924.htm
Retrieved
2026-10-07
Fingerprint
8ee41eb7bdfae607
[Pending bill text, House version of April 22, 2026, not law:] Sec. 2, 46-55-10(4): [consumable hemp product means a product] "intended for human consumption, ingestion, injection, or inhalation" [...] "Smokeable flower or prerolls are not considered a consumable hemp product and are prohibited from being sold in this State." Sec. 3, 46-55-70(D): ["direct shipments of consumable hemp products" into or within the State are prohibited; online sales and direct delivery are] "strictly prohibited". [Current 46-55 text not fetched.]
S.C. Code Ann. Sec. 46-55-10 · Definitions (Hemp Farming Act)OFFICIAL
Instrument
Definitions (Hemp Farming Act)
Source
https://www.scstatehouse.gov/code/t46c055.php
Retrieved
2026-07-02
Fingerprint
9d854f7718decbfc
SECTION 46-55-10. Definitions.

For the purposes of this chapter:

(1) "Cannabidiol" or "CBD" means the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.

(2) "Commercial sales' means the sale of hemp products in the stream of commerce, at retail, wholesale, and online.

(3) "Commissioner" means the Commissioner of the South Carolina Department of Agriculture.

(4) "Cultivating" means planting, watering, growing, and harvesting a plant or crop.

(5) "Department" means the South Carolina Department of Agriculture.

(6) "Federally defined THC level for hemp" means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. SECTION 5940, whichever is greater.

(7) "Handling" means possessing or storing hemp for any period of time. "Handling" also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products.

(8) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the nonsterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

(9) "Hemp products" means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product.

(10) "Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter to cultivate, handle, or process hemp.

(11) "Marijuana" has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.

(12) "Processing" means converting an agricultural commodity into a marketable form.

(13) "State plan" means the plan submitted by the department and approved by the Secretary of the United States Department of Agriculture pursuant to which the department regulates hemp production.

(14) "THC" means tetrahydrocannabinol.
S.C. Code Ann. Sec. 46-55-10(6) · Hemp Farming Act -- Definitions -- 'Federally defined THC level for hemp' and 'Hemp products'OFFICIAL
Instrument
Hemp Farming Act -- Definitions -- 'Federally defined THC level for hemp' and 'Hemp products'
Source
https://www.scstatehouse.gov/code/t46c055.php
Retrieved
2026-07-19
Fingerprint
8afdafcfacd6c588
"Federally defined THC level for hemp" means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. Section 5940, whichever is greater. "Hemp products" means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product.
S.C. Code Ann. Sec. 46-55-30 · Application of chapter (finished hemp products / extracts exemption)OFFICIAL
Instrument
Application of chapter (finished hemp products / extracts exemption)
Source
https://www.scstatehouse.gov/code/t46c055.php
Retrieved
2026-07-02
Fingerprint
740adf8224b32618
SECTION 46-55-30. Application of chapter.

The provisions contained in this chapter do not apply to the possession, handling, transport, or sale of hemp products and extracts, including those containing hemp-derived cannabinoids, including CBD. Nothing in this chapter authorizes any person to violate any federal or state law or regulation.
S.C. Code Ann. Section 46-55-10(6) · Hemp Farming Act - Definitions - "Federally defined THC level for hemp"OFFICIAL
Instrument
Hemp Farming Act - Definitions - "Federally defined THC level for hemp"
Source
https://www.scstatehouse.gov/code/t46c055.php
Retrieved
2026-07-18
Fingerprint
8afdafcfacd6c588
"Federally defined THC level for hemp" means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. Section 5940, whichever is greater. "Hemp products" means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product.

Related

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Same framework in South Carolina

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Cite this page

Compound Analytics. "Is CBD (Cannabidiol, hemp-derived) Legal in South Carolina? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbd/south-carolina/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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