Is CBD Legal In South Carolina?

In recent years it would be hard to find a product that has grown in popularity faster than that of CBD products. Cannabidiol (CBD) can be found in both the hemp plant and the marijuana plant. These plants, while from the same Cannabis Sativa family, are not the same. The hemp plant contains much more CBD than marijuana. Marijuana contains much more tetrahydrocannabinol (THC) that can cause intoxication. Hemp contains little THC and won’t make you high.

The Hemp Farming Act of 2018 made it possible for CBD products to be legalized in the US on a federal level. However, CBD products can not contain more than 0.3% THC. Therefore, on the national level, they are not legal if the CBD is derived from marijuana. When the CBD is derived from hemp and meets the standards set by the federal government, products can be sold in tinctures, oils, some foods, topical creams, and cosmetics.

While the US Department Of Agriculture holds authority for maintaining rules and regulations over quality and safety standards, the Food and Drug Administration has control over marketing and regulating labeling, additives to food products, and any therapeutic claims are made. CBD products are legal in the state of South Carolina.

What Is CBD Used For?

CBD is used in many products like cosmetics, oils, gummies, edibles, and other products. Some people even vaporize CBD oil as well. CBD is thought by many to provide relief for numerous mental and physical conditions. Studies have been conducted already, but new studies are still being done to prove whether these benefits are true. CBD has been shown to have anti-inflammatory properties and may be helpful with things like pain, anxiety, PTSD, and a lot of other issues. The CBD-based drug Epidiolex is the only FDA approved product that is used to treat seizures in epilepsy. Those that use CBD products regularly do so because they believe they benefit from them.

Why Is CBD Sometimes Illegal?

Marijuana use has been illegal for many years in the US on the Federal level, even though some states have legalized it for medicinal purposes, recreational purposes, or both. Hemp was also categorized as a Schedule I drug according to the 1970 Federal Controlled Substance Act. It has been thought for a long time that since both hemp and marijuana come from the same plant family, they could both make you high and should be illegal.

By now, most people know hemp has been declassified as an illegal substance, even though it is still regulated heavily because it does contain small amounts of THC. The Hemp Farming Act of 2018 made it legal to grow hemp in any US state that wanted to do so as long as the crops did not contain more than 0.3% THC. Hemp is used for many things besides just its CBD content. It is made into cloth, rope, and many other things. It is when it is used to make CBD products it comes under greater scrutiny.

Under the 2018 Hemp Farming Act, individual states have the right to make their own laws concerning laws that oversee the sale and distribution of CBD products. States that may have already legalized marijuana do not necessarily have to hold to the federal standard of 0.3% THC. Each state can also decide whether or not they want to allow hemp crops to be grown.

Prior CBD Laws In South Carolina

In 2014 the only way CBD products were available to use legally were when they was prescribed by a doctor for medicinal purposes. Some legislation was put forth in 2017 concerning legalizing marijuana for medicinal purposes, but it was never passed. Marijuana use remains illegal in South Carolina today.

Current CBD Laws In South Carolina

As in other states, the use and sale of CBD products are definitely legal in South Carolina. You can purchase topical creams, oils, tinctures, capsules, and edibles. However, South Carolina does follow federal guidelines concerning THC content in these products. They can not contain any more than 0.3% THC, or they are considered illegal. If you are caught in the state with products containing more than the allowed amount of THC, you could be subject to penalties according to the state’s marijuana laws.

Smokable hemp flower is also not allowed in the state, although it is being debated to see if it could be legal later. Stores are afraid to sell the hemp flower for fear of being raided. Although some people do purchase their smokable hemp online, it not a good idea to be caught with it, or you could face penalties for this as well.

South Carolina Licensing Requirements For Hemp

Up until 1937, hemp was grown in South Carolina when the federal government deemed it illegal. Even after the 2018 Hemp Farming Bill was enacted, hemp growing in South Carolina was very limited until the enactment of HB 3449 in March of 2019. Before then, only 40 licenses were given for growing hemp, and they could grow no more than 40 acres.

Today, there are no acreage limits on how much hemp can be grown. However, an application to grow hemp must be made. The requirements included in the application are a criminal background check, must be a South Carolina resident, pay whatever fees that are applied.

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Tiffany Corkern

Tiffany Corkern

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