Is CBD Oil Legal in South Carolina?

  1. South Carolina Cannabis
  2. Is CBD Oil Legal in South Carolina?

Is CBD Oil Legal in South Carolina?

Hemp-derived CBD oil and other hemp-based products are legal in South Carolina in line with the 2018 Farm Bill. However, such products must contain no more than 0.3% THC. In most cases, full-spectrum CBD products will have up to 0.3% THC, while broad-spectrum CBD products will either contain traces of THC or none at all.

CBD oil must be labeled "hemp oil" to be legal in South Carolina. The state permits using hemp-based CBD in consumable goods provided such goods contain 0.3% or less THC and are not marketed with any health claims. Although marijuana remains illegal, under Julian's Law enacted in 2014, South Carolina permits patients with severe forms of epilepsy, including Dravet syndrome and Lennox-Gastaut syndrome, to be prescribed cannabis-derived low-THC CBD oil containing no more than 0.9% THC. Any marijuana-based CBD product beyond this threshold is illegal in South Carolina.

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What are South Carolina CBD Laws in 2024?

South Carolina passed SB 1035, commonly known as Julian's Law, in 2014, setting the stage for CBD in the state. Julian's law permits patients with severe epilepsy to use cannabis-derived low-THC CBD oil with at least 15% CBD and no more than 0.9% THC concentration to treat or manage their medical conditions.

In 2017, South Carolina enacted HB 3559, a bill that amended Chapter 55, Title 46 of the South Carolina Code of Laws. HB 3559 redefined hemp, the primary source of CBD, as an agricultural crop different from marijuana. It paved the way for industrial hemp research and laid the groundwork for South Carolina's industrial hemp program, permitting hemp cultivation. The South Carolina Department of Agriculture (SCDA) was given the authority to issue a limited number of hemp cultivation licenses yearly.

South Carolina enacted the state's Hemp Farming Act in 2019, following the passage of the 2018 Farm Bill, which legalized hemp-based CBD in the United States. The South Carolina Hemp Farming Act expanded the state's industrial hemp pilot program by removing some limitations in the program. For instance, it legalized the commercial cultivation of hemp (with no more than 0.3% THC) and increased the number of growing licenses the SCDA can issue to hemp farmers and the acreage of hemp they could grow per time.

What are South Carolina CBD Possession Limits?

There are no specified hemp-derived CBD oil possession limits in South Carolina. This also applies to other hemp-based CBD products. However, to remain legal, hemp-derived CBD products in the state must not have more than 0.3% THC content. Although some hemp-based CBD product retailers may not sell the products to minors, no South Carolina law specifies a minimum age for purchasing or possessing hemp-derived CBD products. Patients taking low-THC CBD oil in the state may only possess a quantity advised by their recommending physician. Any patient caught with low-THC CBD oil containing over 0.9%THC risks the same penalties as marijuana possession in South Carolina.

Can Doctors Prescribe CBD Oil in South Carolina?

Licensed physicians are required to certify patients with severe cases of epilepsy, including Dravet syndrome and Lennox-Gastaut syndrome, for low-THC CBD oil with no more than 0.3% THC in South Carolina. However, no doctor's prescription is needed for hemp-based CBD oil or other hemp-derived CBD products in the state. Hemp-based CBD products are sold in most retail stores in South Carolina, and residents can get them without obtaining a doctor's prescription.

How Old Do You Have to Be to Buy CBD in South Carolina?

South Carolina requires anyone buying CBD within its borders to be over the age of 18. Beyond this age restriction, it’s quite hard to get CBD products in South Carolina. First, the state requires those qualified by age to provide prescriptions for CBD products. Lastly, the sale and manufacture of several CBD products are prohibited in South Carolina.

What are the Licensing Requirements for CBD in South Carolina?

Anyone intending to engage in the business of hemp for CBD production in South Carolina must obtain the requisite license from the state's Department of Agriculture (SCDA). Generally, the state issues the following hemp licenses/permits:

The SCDA only issues hemp permits to individuals handling raw or unprocessed hemp to cultivate hemp or manufacture CBD products. It does not give hemp licenses to business entities. CBD retailers do not require hemp permits in South Carolina as the SCDA does not regulate hemp products or locations retailing them. The requirements for obtaining hemp permits in South Carolina include the following:

  • Completed application packets (forms)
  • Applicants' background checks
  • South Carolina residency
  • Payment of costs associated with the hemp business activity of interest

CBD products in South Carolina must comply with the guidelines for all products regulated by the FDA, including the following labeling requirements:

  • Name and address of CBD product manufacturer
  • The CBD product identity
  • Manufacturing and expiration date
  • The net quantity of the CBD product contents (a measure of weight for solid products and volume for liquid products)
  • The CBD product batch code
  • Caution or warning statements, especially standard warnings for pregnant women and children
  • A list of all ingredients used in making the CBD product

Where to Buy CBD in South Carolina?

South Carolina residents can buy hemp-derived CBD products in many retail stores, including wellness centers and grocery shops, across the state. However, consumers must be careful when purchasing CBD products from local retail stores since the SCDA does not regulate the quality of finished CBD products. To avoid using substandard CBD products, buying them directly from a brand is often recommended. Purchasing directly from a brand gives the buyer first-hand knowledge of the manufacturer's practices and lab testing procedures. Alternatively, South Carolina residents can buy hemp-based CBD products online. Purchasing CBD products online is more convenient and gives a person access or a variety of products.

What is CBD Oil?

CBD oil is the final oil obtained after mixing CBD extract with a carrier oil. CBD extract occurs as a thick liquid with paste-like consistency. Mixing it with oil helps it flow more readily. However, the thick paste only mixes well with certain carrier oils such as coconut oil and hemp seed oil.

Cannabidiol (CBD) is one of the many chemical compounds (cannabinoids) in cannabis and hemp. It is the second most abundant cannabinoid in cannabis after THC. However, unlike THC, CBD is not psychoactive and is more abundant in hemp than marijuana. The high THC level in marijuana makes it psychoactive, causing the "high" or euphoric feeling users experience when they consume marijuana.

While CBD is generally categorized into three, namely full-spectrum CBD, broad-spectrum CBD, and CBD isolate, they are presented in several forms. These include CBD foods, tinctures, oils, gummies, pills, lotions, cosmetics, and sprays. Full-spectrum CBD has all the chemical compounds in cannabis but with at most 0.3% THC concentration. Broad-spectrum CBD contains all the chemical compounds in cannabis but THC (sometimes, THC is present in trace amounts). The purest form of CBD is CBD isolate. It contains only CBD and no other chemical ingredients in cannabis.

CBD is legal in the United States, but federal regulations require all CBD products to be hemp-based. In other words, cannabis-derived CBD is still illegal under federal laws. In 2018, the United States passed the Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill, to remove hemp from the list of Schedule I Drugs. Hence, the 2018 Farm Bill legalized hemp-derived CBD, but with a caveat. Hemp-based CBD in the U.S. must not have more than 0.3% THC concentration. Otherwise, it is illegal. CBD is also legal in South Carolina.

What Does CBD Do?

Overall, CBD has a calming effect responsible for most of its neurological benefits. CBD is believed to have several beneficial properties such as relieving or managing pain, inflammation, and seizures. In 2018, the U.S. Food and Drug Administration (FDA) approved Epidiolex, a CBD-based medication for treating rare and severe cases of epilepsy, including Dravet syndrome and Lennox-Gastaut syndrome in patients at least 2 years old.

In addition to its anti-seizure benefit, early evidence suggests that CBD may also be effective for the treatment of certain mental health disorders like anxiety and depression. Ongoing studies also indicate possible use of CBD for improving appetite and lowering high blood pressure.

Does CBD Show Up on South Carolina Drug Test?

No, CBD does not show up on cannabis drug tests. However, a CBD user may fail such a test if they have been taking CBD products containing more THC than the limit established for hemp-derived CBD. Such users may unknowingly ingest more THC than intended by buying unregulated CBD products from dubious manufacturers and sellers. Long-term use of such products can lead to the accumulation of detectable levels of THC metabolites in the body.

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