Yes, Delta-8 THC is legal in South Carolina under state law, provided it is derived from hemp containing less than 0.3% Delta-9 THC, as defined by the 2018 Farm Bill and reinforced by S.C. Code § 46-55-10. The South Carolina Department of Agriculture (SCDA) oversees hemp licensing but has not imposed additional restrictions on Delta-8 products. However, the 2026 state budget proposal includes a provision to reclassify Delta-8 as a controlled substance if synthetic processes are involved, aligning with emerging federal scrutiny.
Key Regulations for Delta 8 THC in South Carolina
- Hemp-Derived Requirement: Products must originate from hemp with ≤0.3% Delta-9 THC, per S.C. Code § 46-55-10 and federal guidance. Delta-8 extracted from marijuana remains prohibited.
- Labeling and Testing: The SCDA mandates third-party lab testing for potency and contaminants, with results accessible to regulators. Mislabeling Delta-8 as “non-psychoactive” violates state consumer protection laws.
- Age Restrictions: Retailers must verify customer age (21+) via ID checks, per S.C. Code § 44-53-110, mirroring alcohol and tobacco regulations. Online sales require age verification at checkout.