Is Delta-9 THC (hemp-derived) Legal in South Carolina? (2026)

Vape / inhalable

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as vape / inhalable. Hemp Delta-9 vape - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

No statute or regulation names delta-9 vape products as illegal; a compliant delta-9 vape (<=0.3% dry weight) is legal per the Hemp Farming Act, but must be verified product-by-product via lab testing and faces the same enforcement-climate exposure as other hemp categories amid 'Operation Ganjapreneur'-style SLED activity. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Capsule / tablet

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as capsule / tablet. Hemp Delta-9 capsule - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Same delta-9-only compliance test applies; no distinct capsule rule identified. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Beverage

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as beverage. Hemp Delta-9 drink - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

The controlling Sept. 16, 2024 Solicitor General opinion (M-OS #10958) concluded hemp-derived delta-9 beverages compliant with the 0.3% dry-weight standard ARE legal, but expressly declined to give a blanket clearance - legality is determined drink-by-drink via lab testing, and the beverage's total liquid weight (not just plant matter) is what must clear 0.3%. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Edible / ingestible

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as edible / ingestible. Hemp Delta-9 edible - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Legal if compliant, subject to case-by-case lab verification; no statewide per-serving/package mg cap exists, unlike neighboring states. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Flower / raw plant

Gray area

As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in South Carolina as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
under review

What the record says

Smokable hemp flower is not statutorily banned, but is the category most targeted by recent SLED/AG enforcement ('Operation Ganjapreneur,' Dec. 2025) under the theory that high-THCA flower is 'marijuana disguised as hemp' once combustion converts THCA to delta-9; carries materially higher enforcement exposure than other forms even when delta-9-compliant. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Other

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as other. Hemp Delta-9 other - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

No catch-all exemption identified beyond the general delta-9 dry-weight standard. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Powder / bulk

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as powder / bulk. Hemp Delta-9 powder - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Concentrated cannabinoid powder/isolate must independently test at or under 0.3% delta-9 dry weight, which is difficult without dilution or additives, though not categorically banned. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Raw material / RUO

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Governed by the Hemp Farming Act at the grower level; must test at or under 0.3% delta-9 dry weight before harvest to remain 'hemp' rather than 'marijuana.' South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Tincture / sublingual

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as tincture / sublingual. Hemp Delta-9 tincture - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Same delta-9-only compliance test and case-by-case verification requirement applies. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Topical

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Carolina as topical. Hemp Delta-9 topical - restricted. Controlling source: S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions.

Verified October 22, 2026 (hash check) · confidence: under_review
Rule type
permanent
Tier
concentration cap

What the record says

Same delta-9-only compliance test applies; no distinct topical rule identified. South Carolina has never enacted a per-serving/package mg cap, hemp consumable retail license, or purchase-age law for hemp-derived delta-9 products; the sole compliance test is the 0.3% delta-9 dry-weight threshold from the 2019 Hemp Farming Act. The state's genuine legal risk for d9 sits in enforcement posture and product-specific testing burden (no blanket safe harbor), not in the statutory text itself, which is squarely permissive for compliant product. Confidence set to 'medium' rather than 'high' given the fast-moving Dec. 2025 SLED enforcement sweep and the unresolved 2025 'cannabis consumables' regulatory bill in the SC House.

Controlling language, verbatim

Any drink which meets this requirement is legal. This legalization of hemp is the result of passage by Congress in 2018 of the Farm Bill and the enactment by the [South Carolina] General Assembly in 2019 of the Hemp Farming Act... If such a drink meets [the 0.3% THC] statutory requirement, it is legal under current law.

Source of excerpt

Citations

  1. S.C. Code Ann. Section 46-55-10, Hemp Farming Act - Definitions (South Carolina General Assembly (South Carolina Code of Laws), 2025-01-01) PRIMARYOFFICIAL
  2. Official Opinion, South Carolina Solicitor General Robert D. Cook to House Speaker G. Murrell Smith Jr. (M-OS #10958) (Office of the South Carolina Attorney General, 2024-09-16) PRIMARYOFFICIAL
  3. S.C. Code Ann. Section 46-55-10(6) PRIMARYOFFICIAL
  4. South Carolina Attorney General opinion to SLED, October 2021 (delta-8 enforcement theory) (Office of the South Carolina Attorney General, 2021-10-04)OFFICIAL

Status by product form in South Carolina

FormStatusHeadlineVerified
Vape / inhalable RestrictedHemp Delta-9 vape - restricted2026-10-22
Capsule / tablet RestrictedHemp Delta-9 capsule - restricted2026-10-22
Beverage RestrictedHemp Delta-9 drink - restricted2026-10-22
Edible / ingestible RestrictedHemp Delta-9 edible - restricted2026-10-22
Flower / raw plant Gray areaHemp Delta-9 flower - restricted2026-10-22
Other RestrictedHemp Delta-9 other - restricted2026-10-22
Powder / bulk RestrictedHemp Delta-9 powder - restricted2026-10-22
Raw material / RUO RestrictedHemp Delta-9 raw material - restricted2026-10-22
Tincture / sublingual RestrictedHemp Delta-9 tincture - restricted2026-10-22
Topical RestrictedHemp Delta-9 topical - restricted2026-10-22

Where Delta-9 THC (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 vape / inhalable. Open the interactive map · Every compound in South Carolina

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 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)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for South Carolina

5 instruments on file for this compound's framework in South Carolina; 40 of 40 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
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"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

Delta-9 THC (hemp-derived) in neighboring states

Delta-9 THC (hemp-derived) in other states

Same framework in South Carolina

Other compounds in South Carolina

Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in South Carolina? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/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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