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Is CBD Legal in South Carolina?

Is CBD legal in South Carolina? Can you buy CBD oil in South Carolina?

TLDR: The sale of hemp derived CBD oil in South Carolina is legal, but there are some things to keep in mind. For this reason, we classify S.C. as a grey state, since its’ CBD laws differ some from the federal guidelines in the Farm Bill.

Before you buy CBD oil in South Carolina, make sure you are familiar with the laws within this article.

Let’s go over some more about South Carolina CBD laws, and licensing requirements within SC state.

What is CBD?

CBD, also known as cannabidiol, is a non-psychoactive compound derived from cannabis. CBD shares the outer space of the cannabis plant with THC.

Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative,  pain reliefanti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.

It is important to understand exactly what CBD is when looking into the laws within South Carolina.

CBD is a Cannabis Derivative

Cannabidiol, or CBD, is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant.

Cbd Legal Graph

This is an important distinction to keep in mind. Both the industrial hemp plant and marijuana both fall under the cannabis plant species.

Hemp Vs Marijuana Chart

CBD is also a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%.

Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal. A THC amount of 0.3% isn’t enough to get anyone high.

In fact, this amount is so low that one could drink an entire container of CBD oil (not recommended), and still not get high.

Supplementing with CBD oil is a great way to treat patients in a more natural way than other medications that have harsh side-effects. CBD oil research over the last few years is significant. Investments done in research and development are numerous.

The FDA is still figuring out their approval process for CBD, so until this is complete, CBD oil will not be able to achieve the status of a dietary supplement.

Why is CBD Illegal in Some Places?

This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has its own laws. While most states have followed the Farm Bill of 2018 footsteps, and do not regulate finished CBD products.

Legal Cbd Products For Sale

This is the case in South Carolina, where hemp byproducts have been reclassified as agricultural products separate from marijuana.

Some of the more conservative states identify CBD and marijuana together, even though CBD is completely non-psychoactive.

For this reason, they have a set of strict laws. As time goes on though, states like South Carolina are continuing to soften these CBD laws.

How Did the Farm Bill Help Industrial Hemp?

The 2018 Farm Bill brought a revolution for hemp and industrial hemp products. The cultivation of hemp became federally legal for recreational purposes when this was passed.

This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list.

The United States FDA and CBD Oil

The Food and Drug Administration has the authority of regulating CBD oil product labeling, monitoring therapeutic claims for CBD oil, and the usage of CBD for recreational and dietary purposes. The FDA, currently, does not allow the advertisement of hemp-derived CBD oil as a dietary supplement, or as an additive to food and beverages.

The FDA must authorize any health claims that CBD oil products make. No medications to date have received this designation, except for the pharmaceutical drug Epidiolex.

While the Food and Drug Administration maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD oil as a dietary supplement.

In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.

Let’s move on to CBD oil in South Carolina, and talk about the legal status.

Is CBD Legal in SC?

Yes, CBD products are legal in South Carolina, but their laws are a bit different than the federal ones. Here’s how they differ:

  • The state prohibits the sale and manufacture of food with pure CBD (CBD isolates) and even full-spectrum hemp extracts labeled as CBD. CBD oil must be labeled “hemp oil” to remain legal.
  • Patients with Lennox-Gastaut Syndrome, Dravet Syndrome, and other severe forms of epilepsy may be prescribed cannabidiol (CBD) or medical marijuana containing less than 0.9% THC.

So, avoid CBD isolates within food, and pay attention to products labeled as hemp oil. In South Carolina, CBD oil needs to be labeled as hemp oil.

Licensing Requirements for CBD in SC

Licenses for CBD products containing less than 0.3% THC are not needed, according to SC state law.

New Phase Blends Cbd Edibles

The cultivation of industrial hemp is classified under SC Bill 3559. Here are some of the general guidelines for their hemp cultivation program:

“The Department of Agriculture will allow up to twenty permits for the first year and up to forty permits for the second year and third year, and every year after, the Department of Agriculture, along with the institutions of higher learning, will evaluate the program to determine the number of permits to be issued.

The permits are to be given to South Carolina residents for the purposes of a pilot program. Each permittee is permitted to grow industrial hemp on up to twenty acres of land the first year and up to forty acres the second year and third year, and every year after, the Department of Agriculture, along with the institutions of higher learning, will evaluate the program to determine the amount of acreage permitted.” Section 46-55-10(3).

South Carolina CBD Possession Limits

You are allowed to possess CBD items within South Carolina. They will most likely be marketed as hemp oil, though.

Buy CBD in South Carolina

To be honest, CBD oil products (also known as hemp oil) are all over the place in South Carolina. Consumers buy CBD oil and hemp derived CBD products from a variety of online stores, or brick and mortar retailers.

I want to caution you, though, to be extra careful when buying CBD oil online. New Phase Blends is a veteran owned and operated CBD company. We offer nothing but premium CBD oil that comes with a 30 day money back guarantee.

At least give us consideration before you purchase CBD products – I know you’ll be happy with your purchase.

Cbd Products Banner

In the summer of 2020, the FDA conducted a study on CBD products from different brands. It reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive.

I would hate to see a bogus CBD oil company rip you off. For more information on what to look for when purchasing a CBD product, check out this post by clicking here.

Is CBD Legal in SC? | Final Thoughts

Yes, CBD oil is legal in South Carolina. The one thing you need to watch out for is the product labeling. In order to remain compliant with state laws, CBD oil must be called hemp oil. The end product is the same thing, though. CBD oil and hemp oil are just two different names for the same product.

If you are curious about federal guidelines for CBD products, take a look below:

  • Hemp-derived CBD oil is legal
  • It must contain less than 0.3% THC (a broad spectrum CBD oil will contain almost no THC, while full spectrums can contain up to 0.3% – FYI)
  • I recommend that the CBD labels include a QR code that scans to a third-party lab result
  • Marijuana-derived CBD is not legal

That about wraps up covering the legalities of CBD oil within South Carolina.

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About the Author

Dale Hewett Author

Dale Hewett

Dale is the owner and founder of New Phase Blends. He discovered his passion for CBD use after suffering from injuries sustained while on Active Duty in the US Army. His number one priority is introducing the same CBD products that he himself uses for relief to others who can benefit from them.

Dale holds a Master Degree of Science, and is the inventor of the popular, patent-pending CBD-based sleep aid known as ‘Sleep.’

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