Is Delta 9 THC Legal in South Carolina After the 2026 Policy Reforms?

Yes, Delta 9 THC derived from hemp (≤0.3% Delta 9 THC by dry weight) is legal under federal law and South Carolina’s Hemp Farming Act (S.C. Code § 46-55-10 et seq.), aligning with the 2018 Farm Bill. However, Delta 9 THC from marijuana remains a Schedule I controlled substance under S.C. Code § 44-53-190. The S.C. Law Enforcement Division (SLED) enforces compliance, and pending 2026 regulations may tighten testing protocols for hemp-derived products.


Key Regulations for Delta 9 THC in South Carolina

  • Source Restriction: Only hemp-derived Delta 9 THC (≤0.3% THC) is permitted; marijuana-derived Delta 9 THC is prohibited under state controlled substance laws.
  • Testing & Labeling: Products must undergo SLED-approved testing for potency and contaminants, with labels explicitly stating “hemp-derived” and THC content.
  • Retail Restrictions: Sales are limited to licensed dispensaries or retailers; online sales require age verification and shipping compliance with S.C. Department of Agriculture guidelines.