Is THCP Legal in South Carolina? (2026)

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

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[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.]

Instrument

Definitions (Hemp Farming Act)

Source

https://www.scstatehouse.gov/code/t46c055.php

Retrieved

2026-07-02

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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.

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

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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.

Instrument

Application of chapter (finished hemp products / extracts exemption)

Source

https://www.scstatehouse.gov/code/t46c055.php

Retrieved

2026-07-02

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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.

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.