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Is Delta 8 Legal in South Carolina

Is Delta 8 Legal in South Carolina?

Explore the legality of delta 8 in South Carolina, the state laws, consumer and shipping guidelines, comparisons and much more.

Is Delta 8 Legal in South Carolina?

Since the national legalization of delta 8 in 2018, cannabis enthusiasts have shown significant interest in this hemp-derived cannabinoid. The 2018 federal Farm Bill, also known as the Agriculture Improvement Act, played a crucial role in this development. This legislation not only boosted hemp production but also created a legal distinction between marijuana and hemp. According to the Farm Bill, hemp contains 0.3% THC or less, while marijuana has THC levels above 0.3%.

Is Delta 8 Legal in South Carolina

Most importantly, the Agriculture Improvement Act federally legalized hemp and its derivatives, including delta 8. However, marijuana remains illegal under federal law, although this may change with future policies. Currently, only cannabis products made from hemp with less than 0.3% THC are federally legal.

Delta 8's Legal Status in South Carolina

In early 2019, South Carolina passed House Bill 3449, which legalized all hemp derivatives, including tetrahydrocannabinols, cannabinoids, terpenes, flavonoids, isomers, and salts. This bill removed these compounds from the state's list of controlled substances, making hemp-derived cannabinoids like delta 8 legal in South Carolina.

Controversy and Confusion

Despite this, the situation is not straightforward. In the fall of 2021, South Carolina's Attorney General issued an opinion stating that delta 8 is not covered by the Hemp Farming Act and is therefore illegal in the state. This opinion is based on the premise that delta 8 is not a "natural derivative" of cannabis, as it is typically produced in a lab from hemp-derived CBD. The Attorney General argued that delta 8 products often exceed the 0.3% THC limit, making them illegal.

However, the Farm Bill specifies that the 0.3% THC cap applies exclusively to delta 9 THC, not other cannabinoids. This means delta 8 is technically legal at both federal and state levels.

Legal Disputes and Enforcement Actions

The legal ambiguity led to enforcement actions, such as the raid of a vape shop in 2021, where $5,000 worth of delta 8 products were seized. Police claimed these products were illegal, citing SC Law 44-53-0190, which allegedly classifies delta 8 as a controlled substance due to its THC content. The law does not explicitly address delta 8, and South Carolina's Hemp Farming Act only restricts products with more than 0.3% delta 9 THC.

The shop owner argued that the police did not present a warrant, to which the police chief responded that a warrant was unnecessary as the products were in plain sight. This incident highlighted the confusion and hostility surrounding delta 8's legality in South Carolina.

Shipping Delta 8 Products To & From South Carolina

Shipping Delta 8 products to and from South Carolina requires compliance with both state and federal regulations. In South Carolina, Delta 8 THC derived from hemp is legal, provided it contains less than 0.3% Delta 9 THC, according to the 2018 Farm Bill. Ensuring adherence to these regulations is crucial for the legal and hassle-free shipping of Delta 8 products.

When shipping Delta 8 products into South Carolina, it is important to use carriers knowledgeable about hemp regulations. Proper documentation, including Certificates of Analysis (COAs) verifying the THC content, must accompany shipments to confirm their legality. Similarly, when shipping Delta 8 products out of South Carolina, understanding the laws of the destination state is vital to avoid complications.

  • Confirm the product contains less than 0.3% Delta 9 THC.
  • Use carriers experienced in handling hemp products.
  • Include COAs and other documentation verifying legal compliance.
  • Research the destination state’s Delta 8 regulations.
  • Ensure proper labeling of all products.
  • Stay updated on changing state and federal hemp laws.
  • Understand carrier-specific policies regarding hemp shipments.
  • Consider insurance options to mitigate potential shipping issues.

Things to Consider Before Buying Delta 8 in South Carolina

Before purchasing Delta 8 products in South Carolina, it's essential to consider several factors to ensure a safe and legal transaction. South Carolina law allows the sale of Delta 8 THC derived from hemp, provided it contains less than 0.3% Delta 9 THC. Confirming this compliance helps avoid any legal issues.

Quality assurance is another critical factor. Look for Delta 8 products that have undergone third-party testing for potency and purity. These tests should be accessible through COAs, confirming the product’s cannabinoid profile and ensuring it is free from harmful contaminants. Additionally, researching the brand’s reputation and customer reviews can provide valuable insights into product quality and reliability.

  • Verify the THC content is within legal limits.
  • Ensure the product is derived from hemp and not marijuana.
  • Look for third-party lab testing and accessible COAs.
  • Investigate the brand’s reputation and customer feedback.
  • Understand local vendors’ compliance with state laws.
  • Consider the preferred method of consumption (gummies, vape, tinctures, etc.).
  • Be aware of the potential effects and recommended dosages.
  • Stay informed about any legislative changes regarding Delta 8.
Is Delta 8 Legal in South Carolina

Delta 8 in South Carolina vs Other States

The legal status of Delta 8 THC varies significantly across different states. In South Carolina, Delta 8 is legal under the 2018 Farm Bill, provided it is derived from hemp and contains less than 0.3% Delta 9 THC. However, regulations can differ markedly in other states, which is crucial for consumers who travel frequently.

For instance, in states like Colorado and Alaska, Delta 8 THC is banned despite the legality of recreational marijuana. Conversely, states such as California and Florida allow Delta 8, but with strict regulations. It's important to be aware of these differences to ensure compliance when traveling or purchasing products from other states.

State Delta 8 Legal Status Notes
South Carolina Legal Must contain less than 0.3% Delta 9 THC
Colorado Illegal Banned despite legal recreational marijuana
Alaska Illegal Banned despite legal recreational marijuana
Florida Legal Must comply with federal hemp regulations
Texas Legal Allowed under the 2018 Farm Bill
Georgia Legal Must contain less than 0.3% Delta 9 THC
New York Legal Regulated, with specific packaging and labeling requirements
California Legal Strict regulations and testing requirements
Illinois Legal Permitted with similar restrictions as recreational marijuana
Nevada Legal Permitted under state law, with specific regulations
Arizona Legal Allowed under the 2018 Farm Bill
Michigan Legal Permitted with state-specific regulations
Ohio Legal Must comply with federal and state hemp laws

Types of Delta 8 Products in South Carolina

South Carolina offers a variety of Delta 8 products to cater to different consumer preferences. These include Delta 8 gummies, Delta 8 vape, Delta 8 tinctures, and Delta 8 flower. Each type provides unique benefits and methods of consumption, making it easy for users to find the right product for their needs.

Delta 8 gummies are known for their convenience and precise dosing, making them a favorite among those who prefer a discreet and tasty way to consume Delta 8. Vape cartridges offer fast-acting effects, ideal for those seeking quick relief. Delta 8 tinctures provide flexible dosing options and can be taken sublingually or added to food and beverages. Delta 8 flower is popular with traditional cannabis enthusiasts who enjoy smoking or vaporizing.

South Carolina Cannabis Market Grows with Delta 8 & Medical Marijuana

The cannabis market in South Carolina has expanded with the state's decision to legalize hemp-derived compounds, following the federal government's lead. However, progress on medical marijuana has been limited, with the state offering a minimal and non-comprehensive plan for those seeking medical cannabis benefits.

South Carolina Medical Cannabis Laws

Medical marijuana is not yet legal in South Carolina. However, since 2014, low-THC, high-CBD oils have been legal under Senate Bill 1035, also known as Julian’s Law. These oils can contain up to 0.9% THC and may only be prescribed by licensed physicians for severe epilepsy cases.

In 2022, the South Carolina Senate made history by passing a medical cannabis bill for the first time. Bill 3361, known as the South Carolina Compassionate Care Act, aimed to establish a regulated medical marijuana program for seriously ill individuals. This bill would allow licensed physicians to recommend medical cannabis, which would be dispensed by therapeutic cannabis pharmacies.

Is Delta 8 Legal in South Carolina

Qualifying Conditions and Requirements

To qualify, patients would need a written certification from a physician with whom they have an established patient-doctor relationship and must have one of the following conditions:

  • Cancer
  • Multiple Sclerosis (MS)
  • Neurological diseases or disorders (such as epilepsy)
  • Sickle cell anemia
  • PTSD*
  • Autism
  • Crohn’s disease
  • Ulcerative colitis
  • Cachexia
  • Conditions causing a person to be homebound (such as persistent nausea)
  • Terminal illness
  • Chronic medical conditions causing severe and persistent muscle spasms
  • Chronic medical conditions for which opioids could be prescribed based on standards of care*

*Special documentation is required for PTSD and opioid alternatives.

Limitations of the Bill

The bill also imposed several restrictions:

  • Smokable and raw cannabis would remain illegal.
  • Patients and physicians would not be allowed to grow cannabis.
  • Physicians must specify the amount of cannabis patients can obtain every 14 days.
  • Patients would be prohibited from driving or operating vehicles or performing any tasks that could be considered negligent or professional malpractice while under the influence of cannabis.
  • Cardholders and medical cannabis establishments would face revocation of ID cards and potential civil/criminal penalties.

Legislative Outcome

Despite initial progress, the bill was ultimately defeated in the House, delaying relief for qualifying patients in South Carolina for at least another year.

Delta 8 vs Delta 9 in South Carolina

In South Carolina, Delta 8 vs Delta 9 are regulated differently due to their distinct legal statuses and effects. Delta 9 THC, the primary psychoactive component of marijuana, is illegal in South Carolina if it exceeds 0.3% concentration. Delta 8 THC, derived from hemp, is legal as long as it adheres to the federal limit of 0.3% Delta 9 THC.

Both cannabinoids produce psychoactive effects, but Delta 8 is generally milder and less likely to induce anxiety, making it a more attractive option for those seeking therapeutic benefits without the intense high or paranoia that can accompany Delta 9.

Feature Delta 8 THC Delta 9 THC
Legal Status Legal in South Carolina if derived from hemp Illegal in South Carolina above 0.3%
Psychoactivity Milder, less anxiety-inducing Stronger, more intense high
Source Hemp-derived Marijuana-derived
Common Products Gummies, vapes, tinctures, flower Various cannabis products
Availability Widely available in legal markets Restricted to medical use in South Carolina
User Experience Smoother, clearer-headed high More potent, possibly overwhelming

Where to Buy Delta 8 in South Carolina

Delta 8 products can be found in various places in South Carolina, including local dispensaries, smoke shops, and online retailers. When purchasing locally, it's crucial to choose reputable stores that comply with state regulations and offer high-quality products. Knowledgeable staff can provide helpful guidance and product recommendations based on individual needs.

Is Delta 8 Legal in South Carolina

Online retailers provide a convenient alternative with a wider selection of products. However, it’s important to ensure that the online store is reputable and offers third-party lab testing to verify the quality and legality of their products. Reading customer reviews and looking for transparent business practices can help in making an informed decision.


Delta 8 THC offers a legal and accessible option for consumers in South Carolina who seek the benefits of cannabinoids without the intense effects of Delta 9 THC. Understanding the legal landscape, ensuring product quality, and being aware of available options are essential for making informed purchasing decisions. As the Delta 8 market continues to grow, staying informed about regulations and best practices will ensure a safe and satisfying experience.

By considering factors such as product quality, legal compliance, and personal preferences, consumers can navigate the Delta 8 market in South Carolina with confidence. Whether buying locally or online, thorough research and choosing reputable sources will lead to better outcomes and a more satisfying experience.


Is Delta 8 legal in all parts of South Carolina?

Yes, Delta 8 is legal throughout South Carolina as long as it is derived from hemp and contains less than 0.3% Delta 9 THC.

Can I buy Delta 8 online and have it shipped to South Carolina?

Yes, you can purchase Delta 8 online and have it shipped to South Carolina, but ensure the seller complies with both federal and state regulations.

What forms of Delta 8 are popular in South Carolina?

Delta 8 gummies, vapes, tinctures, and flower are among the most popular forms available in South Carolina.

Are there age restrictions for purchasing Delta 8 in South Carolina?

You must be at least 21 years old to purchase Delta 8 products in South Carolina.

Can I travel with Delta 8 products within South Carolina?

Yes, you can travel with Delta 8 products within South Carolina, but it's advisable to keep proof of legality, such as COAs, with you.

How does Delta 8 compare to Delta 9 in terms of effects?

Delta 8 typically offers milder psychoactive effects and is less likely to cause anxiety compared to Delta 9.

Are there any health risks associated with Delta 8?

Potential risks include dizziness, dry mouth, and changes in appetite. It's important to start with a low dose to assess your reaction.

Is Delta 8 used for medical purposes in South Carolina?

While Delta 8 is legal for recreational use, some individuals may find it beneficial for conditions such as anxiety or pain. Consult with a healthcare professional for personalized advice.

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