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News And Legislation

Is Delta-8 THC Legal in South Carolina? Delta 8 Legality 2023

In this blog we’re going to discuss the cannabis compound delta-8 THC and where it sits legally in South Carolina. Neither medicinal nor recreational Marijuana is legal here. Fortunately, South Carolina has a different approach for Delta-8. Let’s read about whether or not delta-8 THC is legal in South Carolina. We want to specify this is not legal advice, merely our best understanding of the current legal situation in South Carolina. 

Is Delta 8 Legal In South Carolina?

Yes, delta-8 is legal in South Carolina.

Under both federal and state law, delta-8 THC generated from hemp is entirely legal in South Carolina. This state passed South Carolina House Bill-3449 in 2019, which legalizes hemp, its derivatives, cannabinoids, flavonoids, isomers, and terpenes. Hemp refers to any component containing THC not exceeding 0.3% on a dry-weight basis. If anything exceeds that threshold, it is legally Marijuana (not hemp), which is not legal in South Carolina. 

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This means without the concern of legal consequences, delta-8 products from hemp can be manufactured, purchased, and consumed in South Carolina. Keep in mind that in the state of South Carolina, hemp by-products are not regulated. 


Whenever you purchase hemp-derived products, you count on the vendor’s word that the THC content is below the legal limit. Not necessarily, and the manufacturer need not conduct any tests to determine the exact concentration before disclosing it to you. So, buyers, be careful; if the cops seize it, they WILL test it.


Buying Delta-8 In South Carolina 


Products containing delta-8 THC are available online and also in South Carolina stores. That’s because delta-8 is legal at both the local and federal levels. Some of the best places to get delta-8 vaporizers, edibles, and extracts are in the main cities like Columbia, Charleston, and Myrtle Beach.

But, remember that where the delta-8 comes from matters. If the delta-8 is hemp-derived, it is legal. If it is marijuana-derived, it is not. 

You can bring delta-8 THC products into South Carolina as long as they meet the state requirements for legality, and as long as the state you’re entering from also allows delta-8 THC.


Future Of Delta-8 in South Carolina 

The question is how much longer Delta-8 will be legal in South Carolina. An opinion was issued in October 2021 in the South Carolina Office of the Attorney General about the legality of Delta-8. The SLED (South Carolina Law Enforcement Division) and the Attorney General state Delta-8 is illegal and is not a part of the hemp Farming Act. David Jones, Assistant Attorney General, confirmed that the Attorney’s office counts Delta-8 as unlawful. However, it’s not an amended law. 

Final Thoughts

Though the DEA ( Drug Enforcement Agency) and federal government aim to bring change in the scenario of Delta-8 legality, for now, it’s legal in this state. Currently, there are no forthcoming state laws that would alter this. We will update this blog in the future, should anything change!

Got questions? Let us know in the comments below because we’d love to hear from you!

Are you someone living in South Carolina that’s had a good or bad experience when buying delta-8 in your State? Send us an email to, we’d love to hear about it!

Want to learn more about delta-8 THC? Check out this blog comparing delta-8 with other cannabis compounds.

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