Is CBD Legal in South Carolina?
South Carolina aligns with federal law under the 2018 Farm Bill:
- Hemp-derived CBD products containing no more than 0.3% Δ⁹-THC are legal to grow, process, sell, and possess statewide scag.gov+12southcarolinastatecannabis.org+12Colorado Botanicals+12discover.sheppardmullin.com+4Wikipedia+4South Carolina Legislature Online+4Colorado Botanicals.
- These products can be sold in stores provided they are labeled as “hemp oil” and tested by third-party labs for THC compliance .
Low‑THC, High‑CBD Oil for Epilepsy – Limited Medical Use
Julian’s Law (2014) permits certain epilepsy patients to use low‑THC cannabis-derived CBD oil with:
- ≤ 0.9% THC and ≥ 15% CBD
- Used only under physician certification for conditions like Dravet or Lennox-Gastaut syndrome southcarolinastatecannabis.org+1discover.sheppardmullin.com+1.
Outside these narrow medical circumstances, cannabis-derived CBD remains illegal.
Products & Labeling Rules
By law, hemp-derived CBD must:
- Contain ≤ 0.3% THC South Carolina Legislature Online+15southcarolinastatecannabis.org+15discover.sheppardmullin.com+15Disa+3Midwest Apologetics+3Midwest Apologetics+3
- Be sold as “hemp oil” with no medical claims
- Be tested and labeled appropriately (COA recommended) Colorado Botanicals+2southcarolinastatecannabis.org+2Colorado Botanicals+2
Additionally, new regulations (HB 4628, 2024) may impose broader restrictions on consumable products, so avoid ingesting products not explicitly allowed Colorado Botanicals+1Colorado Botanicals+1. Smokable Hemp & THC-Flavored Products
- The legality of smokable hemp (CBD flower) isn’t clearly defined, and may face tighter future regulations Colorado Botanicals.
- Marijuana (cannabis with >0.3% THC) remains fully illegal in South Carolina South Carolina Legislature Online+15southcarolinastatecannabis.org+15southcarolinastatecannabis.org+15.
Can You Buy CBD in SC?
- Yes, hemp-derived CBD products are available at retail for adults 18+ Midwest Apologetics.
- No special medical registration is needed for hemp-derived CBD, though age verification is required.
Regulation & Licensing
- Hemp growers and processors must be licensed by the SC Department of Agriculture under the state hemp act .
- Retailers selling hemp-derived CBD do not need SCDA licensing unless they intend to grow or process hemp southcarolinastatecannabis.org.
What You Can’t Do
- Possess or use cannabis-derived CBD except under Julian’s Law for qualifying epilepsy patients
- Use CBD in foods or supplements—new pending rules restrict consumables southcarolinastatecannabis.org+2Wikipedia+2southcarolinastatecannabis.org+2Colorado Botanicals+1Wikipedia+1
- Sell CBD products to minors under 18 Colorado Botanicals+12South Carolina Legislature Online+12MPP+12
Summary Table
| Use | Legal? |
|---|---|
| Hemp-derived CBD (≤0.3% THC) (oil, topical) | ✅ Legal |
| CBD gummies, topicals (hemp-based) | ✅ Legal (labeling restrictions apply) |
| Smokable hemp flower | ⚠️ Legal grey area, possibly restricted |
| Cannabis-derived CBD (>0.3% THC) | ❌ Illegal |
| Low-THC CBD oil for epilepsy (Julian’s Law) | ✅ Legal for certified patients |
| CBD in food/supplements (pending regs) | ⚠️ Possibly banned soon |
Why Trust This Guide?
- Based on state statutes and recent legislation
- Aligned with SCDA policies and attorney general opinions
- Consistent with current hemp and hemp-derived CBD regulations
Bottom Line
Yes, hemp-derived CBD products are legal in SC, provided they adhere to the ≤ 0.3% THC rule and comply with labeling and testing laws. Medicaid-approved epilepsy patients may access low-THC, high-CBD oil under strict criteria. Be cautious with ingestible products, smokable hemp, and any CBD derived from cannabis.
