Is Delta 9 Legal in South Carolina?

Joe Riley Waterfront Park in South Carolina, with its lush green grass and glistening waters under the daylight sky

Given the ever-evolving marijuana laws nationwide, knowing what is (or isn’t) legal is becoming tricky. The 2018 Farm Bill broadly legalized low-THC cannabis (less than 0.3%), effectively making delta 9 THC federally legal.

But it also allowed states to develop their own state hemp programs. And this has led to lots of confusion! Marijuana remains illegal in South Carolina, as is delta 9 derived from marijuana. However, hemp-derived delta 9 is legal as long as the hemp complies with the 0.3% threshold.

Hemp products are growing in popularity owing to their potential health benefits. But how can you use delta 9 within the confines of South Carolina’s laws? Well, here are a few things to know about the Palmetto state’s position on delta 9.

Looking for legal delta 9 in SC? Check out what Delta Munchies has in stock for you!


Key Takeaways

  • Constantly evolving cannabis laws make it a challenge to be sure about the legality of cannabis products.
  • While the 2018 Federal Farm Bill legalizes hemp, it also provides leeway for individual states to develop hemp laws.
  • Delta 9 THC is legal in South Carolina as long as it is hemp-derived.


Delta 9 THC and Federal Law

In 2018, former President Donald Trump signed the federal 2018 Agriculture Improvement Act into law. This law differentiated hemp from marijuana based on its THC content. It defined hemp as:

The plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

As a result, it exempted hemp from the statutory definition of marijuana per the Controlled Substances Act. In a nutshell, delta 9 THC is federally legal as long as it is obtained from hemp that contains 0.3% THC or less.

It is important to note that cannabis with THC levels exceeding the 0.3% cut-off limit is considered marijuana. Therefore, delta 9 obtained from non-hemp sources is illegal at the federal and state levels.


South Carolina Delta 9 THC Laws

Following the promulgation of the 2018 Farm Bill, South Carolina followed up with a similar law legalizing hemp.

The South Carolina House Bill 3449, signed into law in 2019, authorized the state’s Agriculture Department to regulate hemp farming and production in compliance with the requirements of the United States Department of Agriculture (USDA).

Subsequently, all derivatives, isomers, extracts, and cannabinoids derived from hemp are legal. Here are key highlights of HB 3449 quoted verbatim;

Section 46-55-10. Definitions.

(6) “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.

(8) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the nonsterilized seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

(9) “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.

(11) “Marijuana” has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.

See the entire bill here.


Is Delta 9 a Controlled Substance in South Carolina?

Typically, delta 9 THC is a controlled substance (Schedule I) under the Controlled Substances Act. However, as defined in Section 1639o of Title 7, tetrahydrocannabinols in hemp are not considered scheduled substances.

In effect, hemp-derived delta 9 is not a controlled substance in South Carolina.

Delta 9 THC Possession Limits in South Carolina

Since delta 9 THC is not a controlled substance, it has no possession restrictions. This means you can purchase hemp-derived delta 9 products legally in South Carolina.

However, you must be 21 years and older to legally buy these products. Also, if you plan to leave South Carolina with hemp products, ensure the state you are traveling to allows the products.

Just so you know, Idaho is the only state where hemp is 100% illegal. This means hemp-derived delta 9 is explicitly banned there. That’s because its Uniform Controlled Substances Act states that hemp products must not contain any percentage of THC or its isomers.

Delta 9 products are variably restricted in other states like California, Colorado, North Dakota, Washington, Kentucky, Vermont, and Pennsylvania. This is either due to laws banning the conversion of cannabinoids or disputing the legal status of delta 9 THC.


Is Delta 9 THC Legal in South Carolina?

Yes, delta 9 THC is legal in South Carolina. However, it must be derived from federally compliant hemp, i.e., hemp with no more than 0.3% THC concentration.


Where to Buy Delta 9 in South Carolina

Now that it is official that you can legally buy delta 9 in South Carolina, where do you get it? Obviously, not all delta 9 is the same, so where you get it matters. Delta Munchies is the home of high-quality delta 9 products you can trust.

And since edibles are among the most popular hemp products at the moment, here are some delta 9 gummies from Delta Munchies you can try out:

Each super delicious gummy contains hemp-derived delta 9 plus CBN, CBG, CBD, CBC, CBCa, CBGa, CBDa, THCV, THCVa, delta 8, and THCA to provide a full-bodied experience like no other!

Our full-spectrum gummies allow each of the cannabinoids to work together as an entourage to create an experience that can only be described as the whole cannabis flower packed into one gummy.