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Is Delta 8 Legal in South Carolina

Explore if Delta 8 legal is legal in South Carolina, its legal status, shipping guidelines, buying tips, and product comparisons in this comprehensive guide.

Is Delta 8 Legal in South Carolina?

To understand Delta 8's legal status in the U.S., we need to look back at the 2018 Farm Bill, also known as the Agriculture Improvement Act. This bill significantly boosted hemp production by establishing a legal distinction between marijuana and hemp.

Although both plants are scientifically similar, the Farm Bill differentiates them legally. Hemp is defined as cannabis containing 0.3% THC or less, while cannabis with THC levels above 0.3% is classified as marijuana.

Is Delta 8 Legal in South Carolina

Crucially, the Agriculture Improvement Act federally legalized hemp and all its derivatives, including compounds like Delta 8. However, marijuana remains illegal under federal law, although the Biden administration has indicated this might change. Currently, only hemp-derived cannabis products with less than 0.3% THC are federally legal.

South Carolina’s Legislation on Delta 8

In early 2019, South Carolina’s House Bill 3449 was enacted, legalizing all hemp derivatives, including tetrahydrocannabinols, cannabinoids, terpenes, flavonoids, isomers, and salts within the state.

It also removed these compounds from the state’s list of controlled substances, making hemp-derived cannabinoids like Delta 8 fully lawful.

The Attorney General's Opinion

However, the situation in South Carolina is not straightforward. In the fall of 2021, the state’s Attorney General issued an opinion stating that Delta 8 is not covered by the Hemp Farming Act and is therefore illegal in South Carolina. This opinion is based on the belief that Delta 8 is not a "natural derivative" of cannabis and, as a non-natural extract, it is illegal.

Unlike Delta 9, Delta 8 is only found in small amounts naturally, so manufacturers produce Delta 8 from hemp-derived CBD in a lab. Because Delta 8 products contain more than 0.3% Delta 8 THC, the Attorney General argues that they do not meet the "federally defined THC level for hemp."

However, the Farm Bill specifically states that its 0.3% THC cap applies exclusively to Delta 9, not other cannabinoids, making Delta 8 technically legal at both federal and state levels.

Law Enforcement Actions

In the same year, a vape shop in the state was raided, and police seized $5,000 worth of products. The police claimed that the Delta 8 products were illegal, but the shop owner disagreed.

The police cited SC Law 44-53-0190, which they claimed classified Delta 8 as a controlled substance due to its high THC content. However, the law does not specifically address Delta 8, and South Carolina’s Hemp Farming Act only states that products cannot contain more than 0.3% Delta 9 THC.

Is Delta 8 Legal in South Carolina

The shop owner also claimed that the police did not show him a warrant or any documentation upon entering his shop, to which the police chief responded that a warrant was not needed because the products were in plain sight. This police action added to the confusion surrounding Delta 8's legality in the state, but the laws appear to be clear.

So, is Delta 8 legal in South Carolina? Yes, but the Attorney General’s unfavorable opinion makes its future in the state somewhat uncertain.

Shipping Delta 8 Products To & From South Carolina

Shipping Delta 8 products to and from South Carolina requires careful adherence to both state and federal regulations to ensure legality. In South Carolina, Delta 8 THC derived from hemp is legal, provided it contains less than 0.3% Delta 9 THC, in compliance with the 2018 Farm Bill. Ensuring compliance with these regulations is crucial for smooth and legal shipping.

When shipping Delta 8 products into South Carolina, it’s important to use carriers knowledgeable about hemp regulations. Proper documentation, including Certificates of Analysis (COAs) verifying the THC content, must accompany shipments to confirm their legality. Similarly, when shipping Delta 8 products out of South Carolina, understanding the laws of the destination state is essential to avoid complications.

  • Confirm the product contains less than 0.3% Delta 9 THC.
  • Use reputable carriers experienced in handling hemp products
  • Include COAs and other documentation verifying legal compliance.
  • Research the destination state’s Delta 8 regulations.
  • Ensure proper labeling of all products.
  • Stay updated on changing state and federal hemp laws.
  • Understand carrier-specific policies regarding hemp shipments.
  • Consider insurance options to mitigate potential shipping issues.

Things to Consider Before Buying Delta 8 in South Carolina

Before purchasing Delta 8 products in South Carolina, it's essential to consider several factors to ensure a safe and legal transaction. South Carolina law permits the sale of Delta 8 THC derived from hemp, provided it contains less than 0.3% Delta 9 THC. Verifying this compliance helps avoid any legal issues.

Quality assurance is another critical factor. Look for Delta 8 products that have undergone third-party testing for potency and purity. These tests should be accessible through COAs, confirming the product’s cannabinoid profile and ensuring it is free from harmful contaminants. Additionally, researching the brand’s reputation and customer reviews can provide valuable insights into product quality and reliability.

  • Verify the THC content is within legal limits.
  • Ensure the product is derived from hemp and not marijuana.
  • Look for third-party lab testing and accessible COAs.
  • Investigate the brand’s reputation and customer feedback.
  • Understand local vendors’ compliance with state laws.
  • Consider the preferred method of consumption (gummies, vape, tinctures, etc.).
  • Be aware of the potential effects and recommended dosages.
  • Stay informed about any legislative changes regarding Delta 8.
Is Delta 8 Legal in South Carolina

South Carolina Cannabis Market Grows with Delta 8 & Medical Marijuana

The cannabis market in South Carolina has expanded with the state's decision to legalize hemp-derived compounds, following federal guidelines. However, the state has made limited progress in the area of medical marijuana, offering a very restricted and non-comprehensive plan for those seeking medical cannabis benefits.

South Carolina Medical Cannabis Laws

While medical marijuana remains illegal in South Carolina, low-THC, high-CBD oils have been legal since the passage of Senate Bill 1035, also known as Julian’s Law, in 2014. These oils are allowed to contain up to 0.9% THC and can only be prescribed by licensed physicians for treating severe epilepsy cases.

In 2022, the South Carolina Senate made history by passing a medical cannabis bill for the first time. Bill 3361, also known as the South Carolina Compassionate Care Act, aimed to establish a well-regulated medical marijuana program for seriously ill individuals. The bill proposed that licensed physicians could recommend medical cannabis to their patients, to be dispensed by therapeutic cannabis pharmacies.

To qualify, patients would need to have at least one approved medical condition and a written certification from a physician with whom they have an established patient-doctor relationship. The qualifying conditions include:

  • Cancer
  • Multiple Sclerosis (MS)
  • Neurological diseases or disorders (such as epilepsy)
  • Sickle cell anemia
  • PTSD*
  • Autism
  • Crohn’s disease
  • Ulcerative colitis
  • Cachexia
  • Conditions causing a person to be homebound (such as persistent nausea)
  • Terminal illness
  • Chronic medical conditions causing severe and persistent muscle spasms
  • Chronic medical conditions for which opioids could be prescribed based on standards of care*

*Special documentation is required for PTSD and opioid alternatives.

Is Delta 8 Legal in South Carolina

The bill also imposed several limitations, including:

  • Smokable and raw cannabis would remain illegal.
  • Patients or physicians would not be allowed to grow cannabis.
  • Physicians must specify the amount of cannabis patients can obtain within each 14-day period.
  • Patients may not drive, operate vehicles, or perform any tasks that would be negligent or involve professional malpractice while under the influence of cannabis.
  • Cardholders and medical cannabis establishments could face revocation of ID cards and potential civil/criminal penalties.

Unfortunately, the bill was defeated in the House, delaying relief for qualifying patients in the state for at least another year.

Delta 8 in South Carolina vs Other States

The legal status and availability of Delta 8 THC can vary widely across different states. In South Carolina, Delta 8 is legal under the 2018 Farm Bill, provided it is derived from hemp and contains less than 0.3% Delta 9 THC. However, regulations differ significantly in other states, making it important for consumers to understand these differences, especially if they travel frequently.

For instance, in states like Colorado and Alaska, Delta 8 THC is banned despite the legality of recreational marijuana. Conversely, states such as Florida and Texas allow Delta 8, but with strict regulations. Additionally, states like New York, California, Illinois, and Nevada have their own specific regulations. Awareness of these legal variations is crucial for consumers who might move or travel across state lines.

State Delta 8 Legal Status Notes
South Carolina Legal Must contain less than 0.3% Delta 9 THC
Colorado Illegal Banned despite legal recreational marijuana
Alaska Illegal Banned despite legal recreational marijuana
Florida Legal Must comply with federal hemp regulations
Texas Legal Allowed under the 2018 Farm Bill
Georgia Legal Must contain less than 0.3% Delta 9 THC
New York Legal Regulated, with specific packaging and labeling requirements
California Legal Strict regulations and testing requirements
Illinois Legal Permitted with similar restrictions as recreational marijuana
Nevada Legal Permitted under state law, with specific regulations
Arizona Legal Allowed under the 2018 Farm Bill
Michigan Legal Permitted with state-specific regulations
Ohio Legal Must comply with federal and state hemp laws
Tennessee Legal Allowed under federal hemp regulations
Washington Legal Regulated, with specific testing and labeling requirements
Kentucky Legal Must comply with federal and state hemp laws
Minnesota Legal Must contain less than 0.3% Delta 9 THC
Nebraska Legal Must contain less than 0.3% Delta 9 THC

Types of Delta 8 Products in South Carolina

South Carolina offers a variety of Delta 8 products to cater to different consumer preferences. These include Delta 8 gummies, Delta 8 vape, Delta 8 tinctures, and Delta 8 flower. Each type provides unique benefits and methods of consumption, making it easy for users to find the right product for their needs.

Delta 8 gummies are known for their convenience and precise dosing, making them a favorite among those who prefer a discreet and tasty way to consume Delta 8. Vape cartridges offer fast-acting effects, ideal for those seeking quick relief.

Delta 8 tinctures provide flexible dosing options and can be taken sublingually or added to food and beverages. Delta 8 flower is popular with traditional cannabis enthusiasts who enjoy smoking or vaporizing.

Delta 8 vs Delta 9 in South Carolina

In South Carolina, Delta 8 vs Delta 9 are regulated differently due to their distinct legal statuses and effects. Delta 9 THC, the primary psychoactive component of marijuana, is illegal in South Carolina if it exceeds 0.3% concentration. Delta 8 THC, derived from hemp, is legal as long as it adheres to the federal limit of 0.3% Delta 9 THC.

Both cannabinoids produce psychoactive effects, but Delta 8 is generally milder and less likely to induce anxiety, making it a more attractive option for those seeking therapeutic benefits without the intense high or paranoia that can accompany Delta 9.

Feature Delta 8 THC Delta 9 THC
Legal Status Legal in South Carolina if derived from hemp Illegal in South Carolina above 0.3%
Psychoactivity Milder, less anxiety-inducing Stronger, more intense high
Source Hemp-derived Marijuana-derived
Common Products Gummies, vapes, tinctures, flower Various cannabis products
Availability Widely available in legal markets Restricted to medical use in South Carolina
User Experience Smoother, clearer-headed high More potent, possibly overwhelming

Where to Buy Delta 8 in South Carolina?

Delta 8 products can be found in various places in South Carolina, including local dispensaries, smoke shops, and online retailers. When purchasing locally, it's crucial to choose reputable stores that comply with state regulations and offer high-quality products. Knowledgeable staff can provide helpful guidance and product recommendations based on individual needs.

Is Delta 8 Legal in South Carolina

Online retailers provide a convenient alternative with a wider selection of products. However, it’s important to ensure that the online store is reputable and offers third-party lab testing to verify the quality and legality of their products. Reading customer reviews and looking for transparent business practices can help in making an informed decision.


Delta 8 THC offers a legal and accessible option for consumers in South Carolina who seek the benefits of cannabinoids without the intense effects of Delta 9 THC. Understanding the legal landscape, ensuring product quality, and being aware of available options are essential for making informed purchasing decisions. As the Delta 8 market continues to grow, staying informed about regulations and best practices will ensure a safe and satisfying experience.

By considering factors such as product quality, legal compliance, and personal preferences, consumers can navigate the Delta 8 market in South Carolina with confidence. Whether buying locally or online, thorough research and choosing reputable sources will lead to better outcomes and a more satisfying experience.


Is Delta 8 legal in all parts of South Carolina?

Yes, Delta 8 is legal throughout South Carolina as long as it is derived from hemp and contains less than 0.3% Delta 9 THC.

Can I buy Delta 8 online and have it shipped to South Carolina?

Yes, you can purchase Delta 8 online and have it shipped to South Carolina, but ensure the seller complies with both federal and state regulations.

What forms of Delta 8 are popular in South Carolina?

Delta 8 gummies, vapes, tinctures, and flower are among the most popular forms available in South Carolina.

Are there age restrictions for purchasing Delta 8 in South Carolina?

You must be at least 21 years old to purchase Delta 8 products in South Carolina.

Can I travel with Delta 8 products within South Carolina?

Yes, you can travel with Delta 8 products within South Carolina, but it's advisable to keep proof of legality, such as COAs, with you.

How does Delta 8 compare to Delta 9 in terms of effects?

Delta 8 typically offers milder psychoactive effects and is less likely to cause anxiety compared to Delta 9.

Are there any health risks associated with Delta 8?

Potential risks include dizziness, dry mouth, and changes in appetite. It's important to start with a low dose to assess your reaction.

Is Delta 8 used for medical purposes in South Carolina?

While Delta 8 is legal for recreational use, some individuals may find it beneficial for conditions such as anxiety or pain. Consult with a healthcare professional for personalized advice.