Are THC Drinks Legal in South Carolina? (2026)

Are THC drinks legal? Every state

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. [2026-11-01] Excerpt moved from the Attorney General opinion (Sept. 16, 2024) to S.C. Code 46-55-10(6), the definition the opinion applies; the opinion stays as a supporting source.

Controlling language, verbatim

"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.

Source of excerpt

Citations

Federal

Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail

THC drinks across the country

Neighboring states

• THC drinks in Georgia Restricted
• THC drinks in North Carolina Legal

Related

• Delta-9 THC in South Carolina: every form
• THC ban in South Carolina
• Every compound in South Carolina
• THC drink brands on file (5)

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