Skip to content
Search the site

Is CBD Legal in South Carolina? State Hemp Rules in 2026

As of November 3, 2026, South Carolina allows hemp-derived CBD with up to 0.3% delta-9 THC; we found no hemp-specific age limit or store license.

Last checked: Based on official sourcesNot legal advice.

What's on this page?

In short

As of November 3, 2026, hemp-derived CBD is legal in South Carolina. State law defines hemp by its delta-9 THC level: no more than 0.3 percent on a dry-weight basis. The state licenses people who grow, handle, or process hemp, but that law does not apply to selling finished hemp products.[1, 2]

We found no state minimum age written for hemp products, and no store license or labeling rule for them. An under-18 rule for vaping products in the state's tobacco law may also reach hemp or CBD vapes, but the law is not clear. A 2025–2026 bill to regulate hemp-derived ingestible products (H. 3924) did not become law. The House rejected the final compromise version on June 25, 2026.[1, 2, 3, 4]

The Attorney General's office said in 2021 that it believes a court would hold that the hemp law does not legalize delta-8 THC or any other THC isomer by itself. In 2024, it said non-alcoholic drinks with no more than 0.3 percent delta-9 THC on a dry-weight basis are legal. These opinions are not court rulings.[2, 5]

At a glance

Is CBD Legal in South Carolina? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes, as of November 3, 2026. State law defines CBD as the compound made from the hemp variety of the plant. "Hemp products," including any product with hemp-derived cannabinoids such as CBD, are legal when they stay within the state's THC level. The state's hemp licensing law does not apply to possessing, transporting, or selling finished hemp products.[1, 2]
Hemp definition and THC limitHemp is Cannabis sativa L., including its extracts and cannabinoids, with "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." The law counts delta-9 THC. For hemp grown in the state, delta-9 THC is tested "using post-decarboxylation or other similarly reliable methods."[1]
CBD in food and drinksThe state hemp law lists food for people or animals among possible hemp products. In 2019, the South Carolina Department of Agriculture said it follows the FDA's view that CBD cannot legally be added to food or animal feed sold to the public. In 2020, it said hemp and CBD are not allowed ingredients in commercial animal feed. In 2024, the Attorney General's office said non-alcoholic drinks with no more than 0.3 percent delta-9 THC on a dry-weight basis are legal under the state hemp law.[1, 2, 6, 7]
Intoxicating hemp products (delta-8, THCA flower and similar)State law lists THC and synthetic cannabinoids as Schedule I controlled substances, with hemp as the exception. In an October 2021 opinion, the Attorney General's office said it believes a court would hold that the hemp law does not legalize delta-8 THC or any other THC isomer by itself. That opinion is not a court ruling. In December 2025, the Attorney General announced a State Grand Jury operation against distributors and wholesalers of THC products that, the office said, test illegal under the law. We found no state rule written specifically for THCA flower sold in stores.[5, 8, 9]
Minimum ageWe could not find a statewide minimum age written for hemp products in South Carolina law as of November 3, 2026. South Carolina's tobacco law bans selling tobacco products to anyone under 18, and it counts vaping devices, and the substances vaped in them, as tobacco products whether or not they contain nicotine. The same law's definition of e-liquid leaves out cannabis and CBD unless they also contain nicotine. So it is not clear whether the under-18 rule covers hemp or CBD vapes. It may, but we found no state guidance on this; this is our reading. In 2024, the Attorney General's office wrote that the hemp law has no "guardrails" beyond the 0.3 percent limit and listed age limits among the issues lawmakers might consider. A 2025–2026 bill to regulate hemp-derived products did not become law.[2, 3, 4]
Who can sell itThe Department of Agriculture licenses people who grow, handle, or process hemp. That licensing law does not apply to selling finished hemp products. We found no separate state license for hemp or CBD stores, and no state rule on online sales or delivery. The law's definition of commercial sales includes retail, wholesale, and online sales.[1, 10]
Labels and lab testingWe found no state labeling, store-level lab testing, or packaging rule for hemp products. The Attorney General's 2024 opinion says only law enforcement or a court, helped by lab testing, can decide whether a particular THC drink meets the 0.3 percent limit. Hemp grown in the state is tested for delta-9 THC under the state hemp plan.[1, 2]
Medical and adult-use marijuanaAs of November 3, 2026, South Carolina has not legalized adult-use marijuana, and marijuana stays a Schedule I controlled substance. A narrow exception covers people with severe forms of epilepsy who have a doctor's written certification: they may use cannabidiol or cannabis preparations with 0.9 percent THC or less and more than 15 percent CBD. A broad medical cannabis bill (S. 53, the Compassionate Care Act) stayed in a Senate committee in 2025–2026 and had not passed as of November 3, 2026.[8, 11]
November 12 and December 11, 2026South Carolina's hemp definition is written in state law. It uses 0.3 percent delta-9 THC or the level in a 2014 federal law (7 U.S.C. § 5940), whichever is greater. That 2014 federal section was repealed on January 1, 2022. The state definition does not refer to the current federal definition (7 U.S.C. § 1639o). So the federal changes may not change South Carolina's own definition; this is our reading. From November 12, 2026, products with cannabinoids the hemp plant cannot make naturally fall outside federal hemp. The rest of the change, including a limit of 0.4 mg total THC per container, is set for December 11, 2026, unless Congress delays it again. In our reading, a product could meet South Carolina's definition and still fall outside federal hemp, because both state and federal law apply.[1, 12, 13, 14]

How South Carolina defines hemp

South Carolina's hemp law is in Title 46, Chapter 55 of the state code. Hemp is the Cannabis sativa L. plant and its parts, extracts, cannabinoids, and isomers with "the federally defined THC level for hemp."[1]

The law sets that level as "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." The hemp law says that, for its purposes, "marijuana" does not include THC in hemp or hemp products.[1]

"Hemp products" include cosmetics, personal care products, food for people or animals, and any product with hemp-derived cannabinoids such as CBD. Raw plant material is not a hemp product under this definition. The current definitions date from a 2019 law that took effect on March 28, 2019.[1]

CBD in food and drinks

In February 2019, the South Carolina Department of Agriculture said it must follow the FDA. It said the FDA had concluded that CBD cannot legally be added to human or animal food sold to the public.[6]

In January 2020, the Department said hemp and CBD are not permitted ingredients in commercial animal feed sold in the state, because the FDA had not reviewed them for that use.[7]

In September 2024, the Attorney General's office answered a question from the Speaker of the House. It said the hemp law, as written, makes non-alcoholic drinks with no more than 0.3 percent delta-9 THC on a dry-weight basis legal. It also said whether a given drink meets that limit must be decided case by case, with lab testing.[2]

Delta-8, THCA, and other intoxicating products

South Carolina lists tetrahydrocannabinol (THC) and synthetic cannabinoids as Schedule I controlled substances. Hemp is an exception because the hemp law leaves THC in hemp and hemp products out of the definition of marijuana.[1, 8]

In an October 4, 2021 opinion to the State Law Enforcement Division, the Attorney General's office said it believes a court would hold that the hemp law does not legalize delta-8 THC or any other THC isomer by itself. It noted that legal hemp may contain trace amounts of such isomers. An Attorney General opinion is not a court ruling.[5]

In December 2025, the Attorney General announced indictments from a State Grand Jury operation called "Ganjapreneur." It targeted distributors and wholesalers of THC products that, the office said, test illegal under the law despite what their packaging says.[9]

We found no state rule written specifically for THCA flower sold in stores. The state's testing rule for hemp grown in the state uses post-decarboxylation or similar methods.[1]

Selling, age, and labels

Growing, handling, or processing hemp without a state license is unlawful. Licenses come from the Department of Agriculture and require a criminal records check. The licensing chapter does not apply to possessing, transporting, or selling finished hemp products.[1, 10]

As of November 3, 2026, we found no statewide minimum age written for hemp products, and no store license, labeling rule, or packaging rule for them. The Attorney General's 2024 opinion said there are no "guardrails" in the hemp law beyond the 0.3 percent limit.[2]

South Carolina's tobacco law bans selling tobacco products to anyone under 18, and it counts vaping devices, and the substances vaped in them, as tobacco products whether or not they contain nicotine. The same law's definition of e-liquid leaves out cannabis and CBD unless they also contain nicotine. So it is not clear whether the under-18 rule covers hemp or CBD vapes. It may, but we found no state guidance on this; this is our reading.[3]

Lawmakers tried to add rules in 2025–2026. A bill on hemp-derived ingestible products (H. 3924) passed the Senate, but the House rejected the conference report on June 25, 2026, and the bill did not become law. Two bills on hemp drinks (H. 4758 and H. 4759) were sent back to the House Judiciary Committee. Neither had passed as of November 3, 2026.[4, 15, 16]

Medical and adult-use marijuana

As of November 3, 2026, South Carolina has not legalized adult-use marijuana. Marijuana and THC stay Schedule I controlled substances under state law.[8]

The state's definition of marijuana leaves out cannabidiol and certain cannabis preparations for people with Lennox-Gastaut syndrome, Dravet syndrome, or other severe epilepsy that standard treatments do not control. The person needs a doctor's written certification, and the preparation must have 0.9 percent THC or less and more than 15 percent CBD.[8]

A broad medical cannabis bill, S. 53 (the Compassionate Care Act), was referred to the Senate Medical Affairs Committee in January 2025. Its official history shows no later action, and the bill had not passed as of November 3, 2026.[11]

How the federal hemp changes may affect South Carolina

Federal law changes in two steps. From November 12, 2026, products with cannabinoids the hemp plant cannot make naturally stop counting as hemp. The rest of the new definition, including total THC and a limit of 0.4 mg total THC per container, is set for December 11, 2026, unless Congress delays it again.[13, 14]

South Carolina's definition uses delta-9 THC at 0.3 percent or the level in a 2014 federal law, whichever is greater. That 2014 federal section was repealed on January 1, 2022. In our reading, this leaves 0.3 percent delta-9 THC as the working limit in South Carolina's definition. The state definition does not point to the current federal definition. That suggests the federal change may not tighten South Carolina's own definition. This is our reading; we found no state guidance on it.[1, 12]

In our reading, a product could meet South Carolina's definition and still fall outside federal hemp after the federal changes take effect, because both state and federal law apply.[1, 13]

What changes next

  1. Federal change on cannabinoids that plants cannot naturally make

    From November 12, 2026, products with cannabinoids the hemp plant cannot make naturally fall outside the federal definition of hemp. South Carolina's own definition does not refer to the current federal definition.[1, 13, 14]

  2. Rest of the federal hemp change

    The rest of the federal change, including the 0.4 mg total THC per container limit, is set for December 11, 2026, unless Congress delays it again. We found no South Carolina per-product THC limit of its own.[1, 13, 14]

Who regulates hemp and CBD

Timeline

  1. Hemp law and epilepsy exception begin

    South Carolina's first hemp law and the cannabidiol exception for severe epilepsy took effect on June 2, 2014.[1, 8]

  2. Agriculture department warns on CBD in food

    The Department of Agriculture said it follows the FDA's view that CBD cannot legally be added to food or feed sold to the public.[6]

  3. Hemp Farming Act takes effect

    2019 Act No. 14 rewrote the hemp definitions, including the 0.3 percent delta-9 THC level, and expanded the hemp program.[1]

  4. Attorney General opinion on delta-8 THC

    The office said it believes a court would hold that the hemp law does not legalize delta-8 THC or other THC isomers by themselves.[5]

  5. Attorney General opinion on hemp THC drinks

    The office said non-alcoholic drinks with no more than 0.3 percent delta-9 THC on a dry-weight basis are legal under the hemp law.[2]

  6. State Grand Jury operation announced

    The Attorney General announced indictments of wholesalers of THC products the office said test illegal under state law.[9]

  7. Hemp products bill fails

    The House rejected the conference report on H. 3924, a bill to regulate hemp-derived ingestible products.[4]

Sources

Show 16 references
  1. S.C. Code Ann. Title 46, Chapter 55 (Hemp), §§ 46-55-10 to 46-55-60
  2. Opinion addressing whether the distribution, sale and possession of non-alcoholic beverages containing hemp-derived THC with concentrations of delta-9 THC not more than 0.3% are legal in South Carolina (Op. S.C. Att'y Gen., September 16, 2024)
  3. S.C. Code Ann. Title 16, Chapter 17, §§ 16-17-500 and 16-17-501
  4. H. 3924, 2025–2026 Session (Hemp-derived ingestible): History of Legislative Actions (bill, not law)
  5. Opinion clarifying the application of South Carolina's Hemp Farming Act as it relates to THC and THC isomers including delta-8 THC (Op. S.C. Att'y Gen., October 4, 2021)
  6. SCDA Regulators To Notify Industry Regarding CBD and Hemp In Food and Feed Products In The Market Place (February 20, 2019)
  7. Hemp and CBD Still Banned from Commercial Animal Feed in SC (January 3, 2020)
  8. S.C. Code Ann. Title 44, Chapter 53 (Poisons, Drugs and Other Controlled Substances), including §§ 44-53-110 and 44-53-190
  9. Attorney General Alan Wilson announces State Grand Jury Operation 'Ganjapreneur' involving illegal THC products sold openly in SC businesses (December 2025)
  10. Hemp Farming Program (South Carolina Department of Agriculture)
  11. S. 53, 2025–2026 Session (Compassionate Care Act): History of Legislative Actions (bill, not law)
  12. 7 U.S.C. § 5940 (Repealed), United States Code, 2023 Edition
  13. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  14. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  15. H. 4758, 2025–2026 Session (Hemp beverage ban): History of Legislative Actions (bill, not law)
  16. H. 4759, 2025–2026 Session (Intoxicating Hemp Beverages): History of Legislative Actions (bill, not law)

Other states

CBD in the United States · Alabama · Alaska · Arizona · Arkansas · California · Colorado · Delaware · District of Columbia · Florida · Georgia · Illinois · Iowa · Kansas · Maine · Maryland · Minnesota · Mississippi · Montana · New Jersey · New York · North Dakota · Oklahoma · Pennsylvania · South Dakota · Texas · Virginia · Washington · West Virginia · Wyoming · CBD laws by country

About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.