Posted on July 2, 2023 by Munchies

Curious about the legal status of Delta 9 in South Carolina? While hemp-derived Delta 9 products are permitted under specific guidelines, marijuana-derived Delta 9 remains restricted. This blog breaks down everything you need to know, from age and possession limits to where you can legally buy Delta 9 in South Carolina. Dive in to stay informed and ensure compliance with state and federal regulations for a safe experience.

Key Takeaways

  • Legal Status – Hemp-derived Delta 9 THC is legal in South Carolina if it contains no more than 0.3% THC by dry weight, per the 2018 Farm Bill.
  • Marijuana-Derived Delta 9 THC – Delta 9 THC from marijuana is illegal in South Carolina, as the state prohibits both recreational and medical marijuana use.
  • Age Requirement – You must be at least 21 years old to purchase hemp-derived Delta 9 THC products in South Carolina.
  • Possession Limits – There are no specific possession limits for hemp-derived Delta 9 THC in South Carolina, but marijuana-derived THC possession is strictly penalized.
  • Travel Considerations – When traveling out of state, be aware that some states have stricter regulations, including a complete ban on Delta 9 THC, even if it’s hemp-derived.

River walk with bridges.

Understanding Delta 9 THC

Delta 9 THC, or Delta-9-tetrahydrocannabinol, is the primary psychoactive compound found in cannabis that is responsible for most of the plant’s well-known effects. When consumed, Delta 9 THC binds to receptors in the brain and nervous system, particularly the CB1 receptors, triggering a range of sensations from euphoria and relaxation to altered sensory perception and impaired coordination. 

Unlike CBD, which has no psychoactive effects, Delta 9 THC can produce a “high” that users commonly associate with recreational cannabis use. While it’s best known for its intoxicating effects, Delta 9 also has potential therapeutic benefits, such as pain relief, appetite stimulation, and reducing nausea, making it valuable in medical cannabis treatments. 

South Carolina Delta 9 THC Laws

After the 2018 Farm Bill, South Carolina enacted House Bill 3449 in 2019, authorizing the regulation of hemp farming and production under the oversight of the state’s Agriculture Department in alignment with USDA standards. HB 3449 legalized hemp-derived products, including cannabinoids and derivatives with THC levels within the federally defined 0.3% limit.

Key highlights of South Carolina’s law include: 

  • Definition of Hemp – Cannabis sativa L. with Delta 9 THC not exceeding 0.3% on a dry weight basis.
  • Hemp Products – Includes commercially prepared products containing hemp-derived cannabinoids, such as CBD, intended for human or animal use but excludes raw plant material and nonsterilized seeds.

Under this law, hemp and its derivatives are treated as agricultural commodities in South Carolina, allowing for various uses from food and cosmetics to industrial applications.

Is Delta 9 THC Legal in South Carolina?

Yes, Delta 9 THC is legal in South Carolina, but only if it’s derived from hemp and contains no more than 0.3% THC by dry weight, as defined by federal law under the 2018 Farm Bill. 

This legal status means that compliant hemp-derived Delta 9 THC products can be purchased and possessed by adults in South Carolina. However, marijuana-derived Delta 9 THC remains illegal in the state, as recreational and medical marijuana has not been legalized.

Typically, Delta 9 THC is classified as a Schedule I controlled substance under the Controlled Substances Act. However, South Carolina law excludes Delta 9 THC in hemp and hemp products from this classification, making hemp-derived Delta 9 THC legal and unscheduled in the state.

In South Carolina, Delta 9 THC is not considered a controlled substance if it is derived from hemp and meets the federal limit of 0.3% THC or less by dry weight. Hemp-derived Delta 9 THC products are, therefore, legally accessible within the state, aligning with federal guidelines. 

However, marijuana-derived Delta 9 THC is classified as a controlled substance in South Carolina, as the state has not legalized recreational or medical marijuana.

Delta 9 THC Age Restrictions in South Carolina

In South Carolina, you must be at least 21 years old to legally purchase hemp-derived Delta 9 THC products. This age requirement aligns with regulations in many other states and applies to all forms of Delta 9 THC derived from hemp, such as edibles, tinctures, and vape products, as long as they contain no more than 0.3% THC by dry weight. 

Retailers will require proof of age, whether in-store or online, at the time of purchase. This restriction helps ensure that Delta 9 THC is only accessible to adults, in line with state guidelines for other THC-containing products.

Delta 9 THC Possession Limits in South Carolina

Hemp-derived Delta 9 THC is legal in South Carolina with no specific possession limits, as it is not considered a controlled substance in the state. Adults aged 21 and over can purchase and possess these products within South Carolina.

If you’re traveling outside South Carolina with hemp-derived Delta 9 THC, keep in mind that each state has its regulations. For example, Idaho prohibits all hemp products containing any THC. At the same time, other states like California, Colorado, North Dakota, and Pennsylvania impose various restrictions or have laws regarding cannabinoid conversions and Delta 9 THC’s legal status.

Delta 9 THC and Federal Law

In 2018, the signing of the Agriculture Improvement Act, also known as the 2018 Farm Bill, marked a shift in federal cannabis laws by distinguishing hemp from marijuana based on THC content. 

The law defined hemp as:

“The plant species Cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, and salts, with a Delta 9 THC concentration of no more than 0.3 percent on a dry weight basis.”

This definition separated hemp from marijuana, effectively making Delta 9 THC legal at the federal level if derived from hemp with 0.3% or less THC. Cannabis with THC above this limit remains classified as marijuana and is illegal under federal law.

Where To Buy Delta 9 THC In South Carolina

In South Carolina, adults can purchase hemp-derived Delta 9 THC products at various locations, provided they meet the federal THC limit of 0.3% by dry weight. Local wellness shops, CBD retailers, and specialty stores across the state often carry a variety of Delta 9 THC products, such as edibles, tinctures, and vape products. This allows customers to shop conveniently and receive in-person guidance on product selection.

For those who prefer the ease of online shopping, many reputable websites offer compliant Delta 9 THC products and ship directly to South Carolina. Online shopping also allows consumers to review detailed product information and lab results, ensuring quality and transparency. Whether buying locally or online, confirming that products are federally compliant is essential to remain within South Carolina’s legal guidelines for Delta 9 THC.

Historic buildings.

Final Thoughts

South Carolina’s approach to Delta 9 THC reflects a cautious embrace of federally compliant hemp products while maintaining strict prohibitions on marijuana-derived THC. Residents aged 21 and over can legally enjoy hemp-derived Delta 9 THC products, provided they meet the 0.3% THC limit, without facing possession restrictions. 

However, it’s important to stay informed about the specifics of South Carolina’s laws and be mindful when traveling, as Delta 9 THC regulations vary widely across states. Whether you’re exploring Delta 9 THC for wellness or recreational use, understanding and respecting these legal boundaries will ensure a safe and enjoyable experience in South Carolina.

(Disclaimer reminder – This article is not medical advice. It is based on anecdotal user experience alone. If you are thinking about incorporating cannabis (Delta-8 THC, Delta-9 THC, CBD, etc) into your medicinal routine, please consult a healthcare professional. Do not stop taking any prescribed medications without first consulting your doctor.)

Disclaimer – This article reflects the laws of the United States at the time it was written. Because cannabis laws in the United States are subject to change at any time, please make sure that you are always staying up to date on your federal, state, and local county’s cannabis laws. Additionally, we are NOT encouraging anyone to break the law––we are simply showing people ways to legally and discreetly bring their cannabis products along with them on their travels so that they may have access to those products when they reach their intended destination.

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