A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 46-55-5 SO AS TO PROVIDE THE PURPOSE OF THIS CHAPTER is to encourage the lawful cultivation, harvesting, and manufacturing of hemp; BY AMENDING SECTION 46-55-10, RELATING TO INDUSTRIAL HEMP CULTIVATION TERMS AND DEFINITIONS, SO AS TO PROVIDE ADDITIONAL TERMS AND THEIR DEFINiTIONS, AND TO REVISE THE DEFINITIONS OF EXISTING TERMS; and BY ADDING SECTIONs 46-55-70, 46-55-80, and 46-55-90 so as to regulate the distribution and sale of consumable hemp, to provide the provisions of this chapter may not be construed to limit interstate commerce, or to prohibit the lawful possession, manufacture, sale, or distribution of certain CBD products, and to provide penalties.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 55, Title 46 of the S.C. Code is amended by adding:

 

    Section 46-55-5.     The purpose of this chapter is to encourage the cultivation, harvesting, and manufacturing of hemp in recognition that hemp is a valuable commodity. It is also the intent of the General Assembly to prohibit the possession, manufacturing, and distribution of consumable hemp products that contain tetrahydrocannabinol (THC) which is an illegal controlled substance under South Carolina law. In acknowledging consumable hemp products may be intoxicating, the prohibition of such products in this State is in the interest of the public health and safety of its citizens.

 

SECTION 2.  Section 46-55-10 of the S.C. Code is amended to read:

 

    Section 46-55-10.  For the purposes of this chapter:

    (1) "Cannabidiol" or "CBD" means the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.

    (2) "Commercial sales" means the sale of hemp products in the stream of commerce, at retail, wholesale, and online.

    (3) "Commissioner" means the Commissioner of the South Carolina Department of Agriculture.

    (4) "Consumable hemp product" means a finished hemp product that is intended for human consumption, ingestion, injection, or inhalation and contains any part of the hemp plant, including intoxicating hemp products, or any compound, concentrate, derivative, including synthetic derivatives, extract, isolate, or resin derived from hemp other than CBD. The term includes, but is not limited to, products that contain cannabinoids;

    (4)(5) "Cultivating" means planting, watering, growing, and harvesting a plant or crop.

    (5)(6) "Department" means the South Carolina Department of Agriculture.

    (6)(7) "Federally defined THC level for hemp" means 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.

    (7)(8) "Handling" means possessing or storing hemp for any period of time. "handling" also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products.

    (8)(9) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the nonsterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannaboid (THC) concentration of no more than three-tenths of one percent (.3%) on a dry weight basisthe federally defined THC level for hemp. Hemp shall be considered an agricultural commodity.

    (9)(10) "Hemp products" means all products with the federally defined THC level a delta-9 tetrahydrocannaboid (THC) concentration of no more than three-tenths of one percent (.3%) on a dry weight basis for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product.

    (10)(11) "Intoxicating hemp products" are derivatives, extracts, cannabinoids, isomers, esters, ethers, acids, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters,

ethers, and salts is possible within the specific chemical designation including, but not limited to:

       (i) delta-10 cis or trans tetrahydrocannabinol and its optical isomers;

       (ii) delta-9 cis or trans tetrahydrocannabinol and its optical isomers;

       (iii) delta-8 cis or trans tetrahydrocannabinol and its optical isomers;

       (iv) delta-7 cis or trans tetrahydrocannabinol and its optical isomers;

       (v) delta-6a, 10a cis or trans tetrahydrocannabinol and its optical isomers;

       (vi) exo-tetrahydrocannabinol;

       (vii) metabolites of tetrahydrocannabinol, including 11-hydroxy-tetrahydrocannabinol, 3-27 hydroxy-tetrahydrocannabinol, and 7-12 hydroxy-tetrahydrocannabinol;

       (viii) tetrahydrocannabinolic acid;

       (ix) hydrogenated forms of tetrahydrocannabinol, including hexahydrocannabinol, hexaydrocannabiphrol, and hexahydrocannabihexol;

       (x) synthetic forms of tetrahydrocannabinol, including dronabinol;

       (xi) ester forms of tetrahydrocannabinol, including delta-8 tetrahydrocannabinol, tetrahydrocannabinol-O-acetate, delta-9 tetrahydrocannabinol-O-acetate, delta-10 tetrahydrocannabinol-O-acetate, delta-6a, 10a tetrahydrocannabinol-O-acetate and hexahydrocannabinol-O-6 acetate;

       (xii) ether forms of tetrahydrocannabinol and hexahydrocannabinol including delta-9 tetrahydrocannabinol methyl ether and delta-8 tetrahydrocannabinol methyl ether;

       (xiii) tetrahydrocannabivarins, including delta-8 tetrahydrocannabivarin but excluding delta-9 tetrahydrocannabivarin;

       (xiv) analogues or tetrahydrocannabinols with an alkyl chain of four (4) or more carbon atoms, including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydocannabihexols, or tetrahydrocannabutols;

       (xv) delta-8 isotetrahydrocannabinol, delta-4 isotetrahydrocannabinol and isohexahydrocannabinol;

       (xvi) any combination of the compounds, including hexahydrocannabiphorol-o-ester and delta-8 tetrahydrocannabiphorol acetate, delta-9 tetrahydorcannabiphorol acetate."Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter to cultivate, handle, or process hemp.

    (12) "Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter to cultivate, handle, or process hemp.

    (11)(13) "Marijuana" has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein.

    (12)(14) "Processing" means converting an agricultural commodity into a marketable form.

    (13)(15) "State plan" means the plan submitted by the department and approved by the Secretary of the United States Department of Agriculture pursuant to which the department regulates hemp production.

    (14)(16) "THC" means tetrahydrocannabinol.

 

SECTION 3.  Chapter 55, Title 46 of the S.C. Code is amended by adding:

 

    Section 46-55-70.  (A) Any consumable hemp product distributed, sold, or offered for sale to consumers in this State in violation of this chapter shall be considered contraband and may be seized by law enforcement as provided for by law.

    (B) The sale or possession of a consumable hemp product is prohibited by law and punishable in the same manner as THC pursuant to Sections 44-53-190 and 44-53-370.

    (C) Online sales, direct delivery, and direct shipments of consumable hemp products within or into this State are strictly prohibited. For purposes of this section, "direct shipment" means the shipment of any consumable hemp product from any producer or retailer of consumable hemp products directly to a resident of this State. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for three years, or both.

 

    Section 46-55-80.  Nothing in this chapter may be construed to limit the interstate commerce of any product being transported through this State.

 

    Section 46-55-90.  Nothing in this chapter may be construed to prohibit the possession, manufacture, sale, or distribution of CBD products, provided those products do not produce an intoxicating or psychoactive reaction when consumed by a person. CBD products that contain THC or intoxicating hemp products or any other controlled substances are prohibited by law. A person who violates this section must be punished pursuant to Section 44-53-370 as applicable.

 

SECTION 4.  This act takes effect upon approval by the Governor.

----XX----