2025-2026 Bill 3924 Text of Previous Version (Mar. 19, 2026)

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 56 TO TITLE 46 SO AS TO REGULATE THE SALE OF HEMP-DERIVED CONSUMABLES, AMONG OTHER THINGS.

Amend Title To Conform

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

SECTION 1. The General Assembly finds and declares that:

(A) The State has a substantial interest in regulating intoxicating beverages that may cause impairment, such as beer, wine, liquor, and hemp-cannabinoid beverages, and an interest in regulating the activities of the manufacturers, importers, wholesalers, and retailers; and the influences that affect the consumption levels of such intoxicating beverages by the people of the State.

(B) The State has substantial interest in exercising its police power to promote the public health, safety, and welfare of the State by regulating the business of manufacturing, distributing, and retail sales of intoxicating beverages that may cause impairment in the manner and to the extent allowed by law to promote and preserve public health and safety while providing for economic opportunities within the State.

(C) The State has a substantial interest in prioritizing the health and safety of the children of South Carolina and is committed to ensuring proper age verification and efficient enforcement of the requirements and restrictions of this act.

(D) By this act, the General Assembly intends to promote the public health, safety, and welfare of residents of this State with laws intended to strictly regulate intoxicating beverages containing beer, wine, liquor, or hemp-cannabinoid products.

(E) This act has been enacted pursuant to the powers reserved to the states under the Tenth Amendment to the United States Constitution, and the inherent powers of the State under the Constitution of the State of South Carolina, 1895, and the statutes promulgated thereunder. It is the intent of the General Assembly that this act do all of the following:

(1) further regulate and control transactions in this State as to intoxicating beverages that may cause impairment under the control and supervision of the Department of Revenue;

(2) strictly regulate all intoxicating beverage transactions by fostering moderation and responsibility in the use and consumption of all intoxicating beverages;

(3) promote and assure the public's interest in fair and efficient distribution and quality control of intoxicating beverages in this State;

(4) promote orderly marketing of intoxicating beverages;

(5) provide for an orderly system of public revenues by facilitating the collection and accountability of this State and local excise taxes;

(6) facilitate the collection of state and local revenue;

(7) maintain trade stability and provide for the continuation of control and orderly processing by the State over the regulation of intoxicating beverages manufacturing locations and the process of selling intoxicating beverages to the state's consumers;

(8) ensure that the Department of Revenue and State Law Enforcement Division are able to monitor licensed operations through on-site inspections to confirm compliance with state law and that any intoxicating beverages shipped into, distributed, and sold throughout this State:

(a) have been registered for sale in this State with the Department of Revenue, as prescribed by law;

(b) are not subject to a government mandated or supplier initiated recall;

(d) are labeled in conformance with applicable laws, rules, and regulations;

(e) can be inspected and tested by the Department of Revenue or the State Law Enforcement Division; and

(f) are not prohibited by this State;

(9) promote and maintain a sound, stable, and viable three-tier system of distribution of intoxicating beverages to the public; and

(10) ensure that statutes and regulations relating to intoxicating beverages exist to serve the interests of the State of South Carolina and its citizens rather than to serve or protect the interests of the market participants by adopting protectionist measures with no demonstrable connection to the state's legitimate interests in regulating intoxicating beverages that may cause impairment.

SECTION 2. Chapter 55, Title 46 of the S.C. Code is amended by adding:

Section 46-55-5. The purpose of this chapter is to regulate the sale and distribution of hemp products. It is the intent of the General Assembly that the manufacture, sale, and distribution of hemp-cannabinoid products are strictly prohibited unless specifically provided for in this chapter and Chapters 2, 6, and 14 of Title 61, and synthetic cannabis products are strictly prohibited and a violation should be treated as marijuana under Chapter 53, Title 44.

SECTION 3. 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) "Cannabinoids" means any compounds that bind to cannabinoid receptors.

(3) Synthetic cannabis products" are prohibited products that are comprised of 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) exo-tetrahydrocannabinol;

(ii) delta-10 tetrahydrocannabinol;

(iii) delta-8 tetrahydrocannabinol;

(iv) delta-7 tetrahydrocannabinol;

(v) delta-6a10a tetrahydrocannabinol;

(vi) hydrogenated forms of tetrahydrocannabinol, including hexahydrocannabinol; hexahydrocannabiphrol, and hexahydrocannabihexol;

(vii) ester forms of tetrahydrocannabinol, including delta-8 tetrahydrocannabinol, tetrahydrocannabinol-O-acetate, delta-9 tetrahydrocannabinol-O-acetate, delta-10 tetrahydrocannabinol-O-acetate, delta-6a10a tetrahydrocannabinol-O-acetate, and hexahydrocannabinol-O-6 acetate;

(viii) ether forms of tetrahydrocannabinol and hexahyrdocannabinol, including delta-9 tetrahydrocannabinol methyl ether and delta-8 tetrahydrocannabinol methyl ether;

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

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

(xi) any combination of the compounds, including hexahydrocannabiphorol-o-ester and delta-8 tetrahydrocannabiphorol acetate, or delta-9 tetrahydrocannabiphorol acetate; or

(xii) any other substance that contains THC that, when ingested, inhaled, or absorbed into the body, produces an intoxicating or psychoactive reaction

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

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

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

(7) "Delta-8" means delta-8 tetrahydrocannabinol.

(8) "Delta-9" means delta-9 tetrahydrocannabinol.

(9) "Delta-10" means delta-10 tetrahydrocannabinol.

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

(11) "Division" means the South Carolina Law Enforcement Division.

(6)() "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)(12) "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)(13)(a) "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 the federally defined THC level for hempa total delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. . Hemp shall be considered an agricultural commodity.

(b) "Hemp" does not include:

(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total THC concentration of 0.3 percent in the plant on a dry weight basis; or

(ii) any intermediate hemp-derived cannabinoid products containing:

(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

(II) cannabinoids that:

(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and

(bb) were synthesized or manufactured outside the plant; or

(III) more than 0.3 percent combined total of:

(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and

(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services); or

(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or

(iv) any final hemp-derived cannabinoid products containing:

(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

(II) cannabinoids that:

(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and

(bb) were synthesized or manufactured outside the plant.

(14) "Hemp product" means all products containing cannabidiol with a total delta-9 THC concentration of not more than 0.3 percent on a dry weight basis 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 human and animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as, but not limited to: CBD, CBG, CBC, or CBN provided the product does not cause a psychoactive reaction. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product.

(9)(15) "Hemp-cannabinoid products" only means all products with the federally defined THC level 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 permitted under Title 61 for human consumption.

(10)(16) "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)(17) "Marijuana" has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein or hemp beverages or chewables as defined in Section 61-14-20.

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

(19) "Psychoactive reaction" means an altered state of the brain that has significant effects on a person's psychological processes, consciousness, thinking, physical ability, perception, or emotion.

(13)(20) "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)(21) "THC" means tetrahydrocannabinol.

SECTION 4. Chapter 55, Title 46 of the S.C. Code is amended by adding:

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

(B) The division is vested with the enforcement of this section.

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. Cannabidiol in hemp product that does not have a psychoactive reaction is not restricted by this chapter.

SECTION 5. Section 61-2-60 of the S.C. Code is amended to read:

Section 61-2-60. The department and the division are authorized to promulgate regulations necessary to carry out the duties imposed upon them by law for the proper administration and enforcement of, and consistent with this title including, but not limited to:

(1) regulations for the application and issuance of alcoholic liquor and hemp-cannabinoid product licenses, permits, and certificates;

(2) regulations to prevent the unlawful manufacture, bottling, sale, distribution, transportation, and importation of alcoholic liquors and hemp-cannabinoid products;

(3) regulations necessary to effect an equitable distribution of alcoholic liquors and hemp-cannabinoid products in this State;

(4) regulations for the analysis of alcoholic liquors and hemp-cannabinoid products sold in this State and for a procedure for obtaining the samples for this purpose;

(5) regulations governing the administration and enforcement of provisions relating to producers and wholesalers of beer and wine and hemp-cannabinoid products;

(6) regulations for application for and issuance of beer licenses, permits, or brewers' certificates of approval and the sale, distribution, promotion, and shipment of beer into and within the State;

(7) regulations for the operation of breweries and commercial wineries; and

(8) regulations governing the enforcement of provisions relating to brewpubs.; and

(9) regulations governing the development, implementation, education, and enforcement of responsible alcohol server training provisions.

SECTION 6. Section 61-2-100(I) of the S.C. Code is amended to read:

(I) The department may not issue a wholesale beer and wine or a hemp-cannabinoid product permit pursuant to this title unless the applicant is a legal resident of the United States and has been a legal resident of this State and has maintained his principal place of abode in this State for at least thirty days before the date of the application.

SECTION 7. Section 61-2-135 of the S.C. Code is amended to read:

Section 61-2-135. When a person licensed to sell alcoholic liquor or, beer and wine, or a hemp-cannabinoid product moves his business to a new location in the same county that was licensed in the same manner within ninety days of the time of the move, the person may use his current license and is not required to initiate a new application upon approval by the department. In addition to a hemp-cannabinoid product retail license, the person must also have a retail license for alcoholic liquor or beer and wine and continue selling both types of products in the new location.

SECTION 8. Section 61-2-136 of the S.C. Code is amended to read:

Section 61-2-136. Notwithstanding another provision of law, a currently licensed beer and wine wholesaler or, currently licensed alcoholic liquor wholesaler, or currently licensed hemp-cannabinoid wholesaler who wishes to relocate the licensed business to a new location within the State must notify the department. This notice must be in writing, must precisely describe the premises to be licensed, must give the date of the move, and must be filed with the department at least thirty days prior to the move. Upon receipt of this notice, the department shall transfer the permit to the new premises effective on the date of the move. In addition to a hemp-cannabinoid product wholesaler license, the person must also have a wholesale license for alcoholic liquor and continue purchase, store, keep, possess, import into this State, transport, sell, and deliver both hemp-cannabinoid products and or liquor in the new location.

SECTION 9. Section 61-2-150 of the S.C. Code is amended to read:

Section 61-2-150. If a fine is imposed by the department for a violation by a beer, wine, hemp-cannabinoid product, or liquor licensee, and the licensee fails to pay the fine and ceases doing business on the premises where the violation occurred, the department must not require a subsequent tenant of the premises to pay the fine as a condition to being issued a beer, wine, hemp-cannabinoid product or liquor license. However, this prohibition does not apply to any person who is related by blood within the third degree or marriage to, is in business with, or is acting for or on behalf of, directly or indirectly, the licensee so fined.

The burden is on the new tenant to prove that no such relationship exists between him and the licensee.

SECTION 10. Section 61-2-170 of the S.C. Code is amended to read:

Section 61-2-170. The department may not generate license fees to be deposited in the general fund of the State through the issuance of licenses or permits for on or off premises consumption which authorize alcoholic liquors, beer, or wine, or hemp-cannabinoid products to be sold on a drive-through or curb service basis.

SECTION 11. Section 61-2-30 of the S.C. Code is amended to read:

Section 61-2-30. The department and the division must employ personnel necessary to administer and enforce the laws and regulations governing alcoholic liquors, hemp-cannabinoid products, beer, and wine. Salaries of these personnel must be set by the department and the division, as applicable.

SECTION 12. Section 61-2-80 of the S.C. Code is amended to read:

Section 61-2-80. The State, through the department, is the sole and exclusive authority empowered to regulate the operation of all locations authorized to sell beer, wine, hemp-cannabinoid products, or alcoholic liquors, is authorized to establish conditions or restrictions which the department considers necessary before issuing or renewing a license or permit, and occupies the entire field of beer, wine, hemp-cannabinoid products and liquor regulation except as it relates to hours of operation more restrictive than those set forth in this title.

Nothing contained in this section may be considered as prohibiting judicial appeals from decisions of the Administrative Law Court, as authorized by Chapter 23 of Title 1, nor as limiting the authority of the courts in interpreting and applying the laws of this State relating to matters administered by the department.

SECTION 13. Section 61-2-105 of the S.C. Code is amended to read:

Section 61-2-105. Notwithstanding another provision of law, all initial alcoholic liquor, hemp-cannabinoid product, and beer and wine license application fees are increased by one hundred dollars, all biennial alcoholic liquor and beer and wine beverage fees and licenses are increased by two hundred dollars, and all local operation permit fees are increased by fifty dollars. These additional funds must be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement. SLED is authorized to receive, expend, and carry forward these funds.

SECTION 14. Section 61-2-175 of the S.C. Code is amended to read:

Section 61-2-175. (A) Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, hemp-cannabinoid products or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, wholesaler's, or special food manufacturer's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title.

(B) Any person, corporation, or partnership found by the department to be in violation of subsection (A) of this section shall be issued a notice to cease and desist. Any person, corporation, or partnership who, after receiving a cease and desist order, is found by the department to be in violation of subsection (A) of this section for a second or subsequent occurrence within a two-year period of the first violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed $10,000. This subsection shall not apply to any person, corporation, or partnership who has registered brands for sale with the department pursuant to this title and who has current licenses and who has posted adequate surety bonds as required by this title; however, violations of subsection (A) constitute grounds for the department to take appropriate administrative action against the person, including suspension or cancellation of license and forfeiture of bonds.

SECTION 15. Section 61-6-20 of the S.C. Code is amended to read:

Section 61-6-20. As used in the ABC Act, unless the context clearly requires otherwise:

(1)(a) "Alcoholic liquors" or "alcoholic beverages" means any hemp-cannabinoid products that contains not more than ten milligrams of allowable THC concentration, spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture of them, including, but not limited to, a powdered or crystalline alcohol, by whatever name called or known, which contains alcohol and is used as a beverage for human consumption, but does not include:

(i) wine when manufactured or made for home consumption and which is not sold by the maker of the wine or by another person; or

(ii) a beverage declared by statute to be nonalcoholic or nonintoxicating.

(b) "Alcoholic liquor by the drink" or "alcoholic beverage by the drink" means a drink poured from a container of alcoholic liquor, excluding hemp-cannabinoid beverage, without regard to the size of the container for consumption on the premises of a business licensed pursuant to Article 5 of this chapter.

(c) "Powdered or crystalline alcohol" means a powdered or crystalline product prepared or sold for either direct use or reconstitution for human consumption that contains any amount of alcohol when hydrolyzed.

(2) "Bona fide engaged primarily and substantially in the preparation and serving of meals" means a business that provides facilities for seating not fewer than forty persons simultaneously at tables for the service of meals and that:

(a) is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;

(b) has readily available to its guests and patrons either menus with the listings of various meals offered for service or a listing of available meals and foods, posted in a conspicuous place readily discernible by the guest or patrons; and

(c) prepares for service to customers, upon the demand of the customer, hot meals at least once each day the business establishment chooses to be open.

(3) "Homeowners association chartered as a nonprofit by the Secretary of State" means an organization that has been recognized as a nonprofit by the Secretary of State, whose membership is limited to individuals who own property in the residential community, and whose affairs are governed by a board of directors elected by the membership. No member, officer, agent, or employee of the association may be paid a salary or other form of compensation from any of the profit of the sale of alcoholic beverages, except as may be voted on at a meeting of the governing body, nor shall the salaries or compensation be in excess of reasonable compensation for the services actually performed. Additionally, a "homeowners association chartered as a nonprofit by the Secretary of State" must abide by all alcoholic liquor regulations that apply to a nonprofit organization, as defined by Section 61-6-20(7), except that upon dissolution of the "homeowners association chartered as a nonprofit by the Secretary of State", the remaining assets, if any, may be distributed to its members. A "homeowners association chartered as a nonprofit by the Secretary of State" is eligible to be licensed under this chapter only at facilities located within the boundaries of the homeowners association.

(4) "Manufacturer" means a person operating a plant or place of business in this State for distilling, rectifying, brewing, fermenting, blending, or bottling alcoholic liquors.

(5) "Furnishing lodging" means those businesses which rent accommodations for lodging to the public on a regular basis consisting of not less than eighteen rooms.

(6) "Minibottle" means a sealed container of fifty milliliters or less of alcoholic liquor.

(7) "Nonprofit organization" means an organization not open to the general public, but with a limited membership and established for social, benevolent, patriotic, recreational, or fraternal purposes.

(8) "Producer", as used in the ABC Act, means a manufacturer, distiller, rectifier, blender, or bottler of alcoholic liquors and includes an importer of alcoholic liquors engaged in importing alcoholic liquors into the United States.

(9) "Producer representative" means a person who is a citizen of this State, who maintains his principal place of abode in this State, and who is registered with the department pursuant to Article 7 of this chapter as the South Carolina representative of a registered producer.

(10) "Registered producer" means a producer who is registered with the department pursuant to Article 7 of this chapter.

(11) "Retail dealer" means a holder of a license issued under the provisions of Article 3 of this chapter, other than a manufacturer or wholesaler.

(12) "Wholesaler" means a person who purchases, acquires, or imports from outside this State or who purchases or acquires from a manufacturer in the State alcoholic liquors for resale.

SECTION 16. Section 61-6-120 of the S.C. Code is amended to read:

Section 61-6-120. (A) The department shall not grant or issue any license provided for in this article, Article 5, or Article 7 of this chapter or Chapter 14 of this title, as applicable to hemp-cannabinoid products with an allowable THC concentration of up to ten milligrams, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:

(1) "church", an establishment, other than a private dwelling, where religious services are usually conducted;

(2) "school", an establishment, other than a private dwelling, where the usual processes of education are usually conducted; and

(3) "playground", a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

The above restrictions do not apply to the renewal of licenses and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department.

(B) An applicant for license renewal or for a new license at an existing location shall pay a five dollar certification fee to determine if the exemptions provided for in subsection (A) apply.

(C)(1) Notwithstanding the provisions of subsection (A), the department may issue a license so long as any church, school, or playground located within the parameters affirmatively states that it does not object to the issuance of a license. This subsection only applies to a permit for on-premises consumption of alcoholic liquor.

(2)(a) Any applicant seeking to utilize the provisions of this subsection must provide a statement declaring the church, playground, or school does not object to the issuance of the specific license sought, as follows:

(i) if a church, from the decision-making body of the local church;

(ii) if a playground, from the decision-making body of the owner of the playground;

(iii) if a school, from the local school district board of trustees of the local public school, governing board of the charter school, or governing authority of the private school.

(b) If more than one church, school, or playground is located within the parameters set forth in subsection (A), the applicant must provide the statement from all churches, schools, or playgrounds.

(c) At the time of any renewal period for the specific license, a school, from the local school district board of trustees of the local public school, governing board of the charter school, or governing authority of the private school, may withdraw its statement declaring it does not object to the issuance of the specific license sought by notifying the department of its withdrawal.

(3) The department may promulgate regulations necessary to implement the provisions of this subsection.

SECTION 17. Section 61-6-185 of the S.C. Code is amended to read:

Section 61-6-185. (A) A person residing in the county in which a retail liquor license or retail hemp-cannabinoid product license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest providing:

(1) the name, address, and telephone number of the person filing the protest;

(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;

(3) the specific reasons why the application should be denied; and

(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Court.

(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Court.

(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.

(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs.

SECTION 18. Section 61-6-505 of the S.C. Code is amended to read:

Section 61-6-505. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic beverages from a holder of a retail liquor license or a hemp-cannabinoid product retail license at the business, upon initiating the application process for a permanent retail liquor license, may be issued a temporary retail liquor license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance and:

(1) the applicant currently holds a valid retail liquor license, and a retail hemp-cannabinoid product license, as applicable; or

(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.

(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for more than one hundred twenty days from the date of issuance.

(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to pursue the permanent license in a timely manner, as set forth by the department by regulation.

(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State.

SECTION 19. Section 61-6-900 of the S.C. Code is amended to read:

Section 61-6-900. In the event of a licensee's death, except in the case of a license issued to more than one person, the personal representative of the deceased licensee may, with the consent of the probate court and upon permit of the department, continue the operation of the business covered by the license. If the personal representative elects to discontinue the business or if the department does not issue a permit for its continuance, the unearned portion of the license tax, computed on the basis of the cost of the license per month for the period for which the license was issued, must be refunded to the personal representative. Alcoholic liquors, including hemp-cannabinoid product, of the deceased which are subject to the control of the personal representative may be sold by him as provided in Section 61-6-950.

SECTION 20. Section 61-6-910 of the S.C. Code is amended to read:

Section 61-6-910. The department must refuse to issue any license under this article or Article 7 of this chapter or Chapter 14 if the department is of the opinion that:

(1) the applicant is not a suitable person to be so licensed;

(2) the store or place of business to be occupied by the applicant is not a suitable place; or

(3) a sufficient number of licenses have already been issued in the State, incorporated municipality, unincorporated community, or other community.

SECTION 21. Section 61-6-4000 of the S.C. Code is amended to read:

Section 61-6-4000. This article, except Section 61-6-4720, is complementary to and not in conflict with the laws providing for the lawful sale of beer, hemp-cannabinoid products, wines, and other vinous, fermented, or malt liquors.

SECTION 22. Title 61 of the S.C. Code is amended by adding:

CHAPTER 14

Hemp Cannabinoid Products

Article 1

Definitions

Section 61-14-10. For the purpose of this chapter:

(1) "Allowable THC concentration" means the total naturally derived delta-9 THC concentration of:

(a) not more than ten milligrams per serving, which can be:

(i) up to one and one-half of an ounce, in a 750-milliliter container sold in a liquor store;

(ii) a twelve-ounce single serving container sold in a liquor store; or

(iii) one hemp gelatin chewable.

(2) "Batch" means a specific quantity of a specific product containing cannabinoids, which is manufactured at the same time and use the same methods, equipment, and ingredients that are uniform and intended to meet specifications for identity, strength, purity, and composition; and is manufactured, packaged, and labeled according to a single-batch production record executed and documented.

(3) "Cannabinoids" means any compounds that bind to cannabinoid receptors derived from hemp.

(4) "Certificate of analysis" means a document issued by an independent testing laboratory, which provides information about the chemical composition of a particular batch of a hemp-cannabinoid beverage or hemp gelatin chewable.

(5) "Department" means the South Carolina Department of Revenue.

(6) "Division" means the South Carolina Law Enforcement Division.

(7) "Hemp" has the same meaning as Section 46-55-10(13).

(8) "Hemp-cannabinoid beverage," which is a chemically intoxicating beverage subject to the exercise of the police power of the General Assembly, pursuant to Section 1, Article VIII-A of the South Carolina Constitution. "Hemp-cannabinoid beverages" may not contain beer, wine, or liquor, and may not contain more than the allowable THC concentration, and must be sold:

(a) as a single serving in twelve-ounce cans or bottles, or

(b) as no more than seventeen servings with a total of one hundred-seventy milligrams of THC in a single 750-milliliter bottle.

(9) "Hemp gelatin chewable," "chewable," or "gummy" is an edible product that contains intoxicating alcoholic liquid converted into a gelatin substance subject to the exercise of the police power of the General Assembly, pursuant to Section 1, Article VIII-A of the South Carolina Constitution. Chewables may contain no more than ten milligrams per serving of hemp gelatin chewable an allowable THC concentration per chewable or gummy and must be sold in containers of no more than four chewables per package, forty milligrams total THC per package.

(10) "Manufacture" or "produce" means to compound, blend, extract, infuse, cook, or otherwise make or prepare hempcannabinoid beverages, or chewables including the process of extraction, infusion, packaging, repackaging, labeling, and relabeling of hemp-cannabinoid beverages or chewables.

(11)"Manufacturer" means a person or entity who produces hemp-cannabinoid products for consumption and not for resale, including compounding, blending, extracting, infusing, cooking, packaging, labeling, or otherwise making or preparing hemp-cannabinoid beverages.

(12) "Producer" as used in this chapter includes a manufacturer, a bottler, or importer of hemp-cannabinoid beverages or chewables, into the United States.

(13) "Proof of age" means a valid driver's license or other government-issued identification card that contains a photograph of the person and confirms the person's age is twenty-one years or older.

(14) "Retailer" means a person or entity that sells hemp-cannabinoid beverages or chewables for consumption and not for resale and is a holder of a license issued under the provisions of this chapter, other than a manufacturer or wholesaler.

(15) "Retail establishment" means a place of business open to the general public for the sale of goods or services.

(16) "Safe harbor hemp product" means a hemp-derived compound or cannabinoid whether a finished product or in the process of being produced, that is manufactured, produced, packaged, processed, prepared, treated, transported, or held in this state for export from this state but that is not sold or distributed in this state. To be eligible for the designation as a safe harbor hemp product, the manufacturer must have a certificate of analysis of any finished product.

(17) "Safe harbor manufacturer or storage facility" means a facility that manufactures, produces, packages, processes, prepares, treats, transports, or holds a safe harbor hemp product and that:

(a) is authorized to operate in the state and maintains a valid state business license or other required state or local authorization, including under this chapter; and

(b) maintains current third-party Good Manufacturing Practices (GMP) certification for hemp products or dietary supplements issued by an independent certifying body recognized within the United States.

(18) "Safe harbor research institute or facility" means a facility with accreditation from a United States regional accreditor, a private or public university or college, or an institute with ISO accredited analytical research or testing that may work with hemp-derived cannabinoids that are not permitted to be sold or distributed in this state

(19) "Serving" means a hemp-cannabinoid beverage containing either:

(a) twelve fluid ounces in a single serving container; or

(b) no more than one and one-half fluid ounces in a 750-milliliter bottle.

(20) "THC" means tetrahydrocannabinol.

(21) "Wholesaler" means a person who purchases, acquires, or imports from outside this State or who purchases or acquires from a manufacturer or producer in the State hemp-cannabinoid beverages for resale.

Article 3

Enforcement

Section 61-14-300. (A) The functions, duties, and powers set forth in this chapter are vested in the department and the division. The department must administer the provisions of this chapter, and the division must enforce the provisions of this chapter.

(B) All hemp-cannabinoid beverages or chewables distributed into or within the State and offered for sale and sold to consumers in this State must be governed by this chapter, and where applicable Chapter 6, for hemp cannabinoid products containing more than five milligrams but no more than ten milligrams of an allowable THC concentration.

(C) Any hemp-cannabinoid beverages or chewables possessed, distributed, sold, or offered for sale to consumers in this State in violation of this article must be considered contraband and must be seized by law enforcement as provided for by law.

(D) The department shall administer the provisions of this chapter related to the licensing and taxation of hemp-cannabinoid beverages and chewables.

(E) The division is vested with the enforcement of this chapter.

(F) The department and the division are authorized to promulgate regulations necessary to carry out the duties imposed upon them by law for the proper administration and enforcement of, and consistent with, this chapter including, but not limited to:

(1) regulations for the application and issuance of hemp-cannabinoid product licenses;

(2) regulations to prevent the unlawful manufacture, bottling, packaging, sale, distribution, transportation, and importation of hemp-cannabinoid products;

(3) regulations necessary to effect an equitable distribution of hemp-cannabinoid products in this State;

(4) regulations for the analysis of hemp-cannabinoid products sold in this State and for a procedure for obtaining the samples for this purpose;

(5) regulations governing the administration and enforcement of provisions relating to producers and wholesalers of hemp-cannabinoid products; and

(6) regulations for the application for and issuance of hemp-cannabinoid product licenses and the sale, distribution, promotion, and shipment of hemp-cannabinoid products into and within this State.

Section 61-14-310. The division has the exclusive authority to enforce the provisions of this chapter in a manner that may reasonably be expected, and shall conduct random, unannounced inspections of locations where such products are manufactured, produced, sold, or distributed to ensure compliance with this chapter.

Section 61-14-320. (A) It is unlawful for a person to knowingly sell or distribute hemp-cannabinoid products to a person who is under twenty-one years of age or to purchase hemp-cannabinoid products on behalf of a person who is under twenty-one years of age.

(B) A person who violates this section:

(1) for a first offense within a three-year period, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both;

(2) for a second offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both; and

(3) for a third or subsequent offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than ten thousand dollars, or both, and the licensee is subjected to revocation by the department of all licenses under Title 61.

(C)(1) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess hemp-cannabinoid products. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring hemp-cannabinoid products.

(2) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.

(D) The manufacture, production, distribution, importation, sale or possession of a hemp-cannabinoid beverage or hemp gelatin chewable containing more than the allowable THC concentration is prohibited by law and punishable in the same manner as marijuana pursuant to Sections 44-53-190 and 44-53-370, unless otherwise deemed a safe harbor hemp product by the department.

(E) A person who is charged with a violation of this section may avail themselves of any affirmative defenses, diversion programs, conditional discharge provisions, intervention programs, or similar alternatives to conviction and sentencing that are provided by law and would be available to a person charged with a similar violation involving alcoholic liquor.

Section 61-14-330. (A) A person engaged in the business of selling retail hemp-cannabinoid products must post in each location that he has obtained a license, a sign with the following words printed: "The possession of hemp-cannabinoid products by a person under twenty-one years of age is a criminal offense under the laws of this State, and it also is unlawful for a person to knowingly give false information concerning his age for the purpose of possessing or acquiring hemp-cannabinoid products." The department shall proscribe by regulation the size of the lettering and the location of the sign on the seller's premises.

(B) A retail seller of hemp-cannabinoid beverages or hemp gelatin chewable who fails to display the sign required by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Section 61-14-340. (A) This article does not permit a person to:

(1) undertake any task under the influence of hemp-cannabinoid beverages or hemp gelatin chewable when doing so would constitute negligence or professional malpractice; or

(2) operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle while under the influence of a hemp-cannabinoid beverage or hemp gelatin chewable .

(B) This article does not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from the use of hemp-cannabinoid beverages or hemp gelatin chewable or relieve a person from any requirement under the law to submit to a breath, blood, urine, oral swab, or other test to detect the presence of a controlled substance.

Section 61-14-350. It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, a hemp-cannabinoid product in an open container in a motor vehicle of any kind while located upon the public highways or highway rights-of-way of this State. This section must not be construed to prohibit the transporting of hemp-cannabinoid products in a closed container in the trunk or luggage compartment, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

Section 61-14-360. (A) For purposes of this section:

(1) it is unlawful to sell hemp-cannabinoid beverages in bottles or hemp gelatin chewables from liquor stores on Sundays, on Christmas Day, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in addition to all other powers conferred upon the Governor.

(2) it is unlawful for a retailer to deliver hemp-cannabinoid products directly to a person's residence.

(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;

(2) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and

(3) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years.

Article 5

Product Requirements

Section 61-14-500. (A) A hemp-cannabinoid beverage or hemp gelatin chewable may not be distributed into or within the State or offered for sale or sold at retail within the State, unless the product:

(1) has a corresponding certificate of analysis as described in Section 61-14-520, issued by an independent testing laboratory that tests the batch from which the hemp-cannabinoid beverage or hemp gelatin chewable was produced;

(2) is in the original sealed container as packaged by the producer and meets the packaging restrictions in Section 61-14-530;

(3) meets the serving size and product content requirements, including total THC, described in this chapter; and

(4) meets the labeling requirements described in Section 61-14-540.

(B) Every manufacturer, producer, importer, and distributor shall maintain and make immediately available for inspection to any law enforcement officer or authorized agent of the department a copy of the certificate of analysis of each hemp-cannabinoid beverage or hemp gelatin chewable being distributed by a distributor or offered for sale by a retailer.

(C) Any person, including any servant, agent, or employee of the person who distributes, sells, or offers for sale any hemp-cannabinoid beverage or hemp gelatin chewable in violation of this section is subject to the following penalties:

(1) for a first offense within a three-year period, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both;

(2) for a second offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both; and

(3) for a third or subsequent offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both. A third offense within a three-year period subjects the licensee of the retailer to revocation by the department of all licenses under Title 61.

Section 61-14-510. For the purpose of protecting the health, safety, and welfare of the residents of this State from dangerous foreign products, an independent testing laboratory must meet all the following requirements:

(1) accreditation by a third-party accrediting body as a competent testing laboratory pursuant to International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 17025:2017 of the International Organization for Standardization;

(2) having no direct or indirect interest in the producer whose product is being tested; and

(3) having no direct or indirect interest in the facility that cultivates, processes, distributes, or sells hemp-cannabinoid beverages in this State or in another jurisdiction.

Section 61-14-520. (A) The protocols for testing a hemp-cannabinoid beverage or a hemp gelatin chewable by an independent testing laboratory must include the following, as well as a determination of corresponding tolerance limits:

(1) a cannabinoid profile of content and potency including, but not limited to, all the following:

(a) total THC (THC+THCA);

(b) total CBD (CBD+CBDA);

(d) total THC/CBD ratio; if applicable;

(2) terpene profiles;

(3) heavy metals including, but not limited to, arsenic, cadmium, mercury, and lead;

(4) chemical contamination, such as residual solvents remaining after extraction, and concentration;

(5) microbials including, but not limited to, pathogenic microbials such as E. coli, salmonella, and mold;

(6) mycotoxins; and

(7) residual insecticides, fungicides, herbicides, and growth regulators used during cultivation.

(B) The certificate of analysis must include, at a minimum, all of the following:

(1) the product name, the manufacturer name and location, and the laboratory name;

(2) the date the certificate of analysis is issued;

(3) the method of analysis for each test conducted;

(4) the batch number or lot number of the product;

(5) the results of the tolerance limits tested in (A)(1)-(7), including the cannabinoid profile by the percentage of dry weight of CBD and total THC content and verification that the product contains an amount of total THC not exceeding that which is stated on the label of the product; and

(6) a listing of all ingredients for each product, including, if present, solvents, pesticides, microbial contaminants, and heavy metals.

(C) The manufacturer must include a scannable barcode or quick response code linked to the certificate of analysis on the label on the hemp-cannabinoid beverage or hemp gelatin chewable container.

Section 61-14-530. (A) Packaging of hemp-cannabinoid beverages or hemp gelatin chewables-:

(1) may not bear the likeness or contain cartoon-like characteristics of real or fictional persons, animals, or fruits that appeal to children;

(2) may not be modeled after a brand or products primarily consumed by or marketed to children;

(3) may not include a statement, artwork, or design that could reasonably appeal to children or mislead an individual to believe that the package contains anything other than a hemp-cannabinoid beverage or hemp gelatin chewable, as applicable; and

(4) may not be packaged in any way that violates federal trademark or copyright laws.

(B) A person who knowingly sells, holds for sale, or distributes a hemp-cannabinoid beverage or hemp gelatin chewable that violates subsection (A):

(1) for a first offense within a three-year period, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both;

(2) for a second offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both; and

Section 61-14-540. Each container of a hemp-cannabinoid beverage and hemp gelatin chewablemust be labeled to include, at a minimum:

(1) a list of all ingredients in descending order of predominance;

(2) a scannable barcode or quick response code linked to the certificate of analysis;

(3) the manufacture location, date of manufacture, and expiration date;

(4) the batch number, which must correspond to the certificate of analysis;

(5) the total number of milligrams of all THCs and types of THCs found in the container;

(6) the serving size;

(7) the total number of milligrams of all THCs per serving;

(8) the country of origin of all THCs and cannabinoids found in the container;

(9) warnings for health and safety concerns regarding:

(a) hemp-cannabinoid beverage and hemp gelatin chewable consumption while pregnant or breastfeeding may be harmful;

(b) consumption of certain cannabinoids may impair your ability to drive or operate heavy machinery;

(d) consumption of this product may cause the person to fail a drug test due to the presence of THC;

(e) the product is not intended for use by anyone under the age of twenty-one; and

(f) hemp-cannabinoid beverages and hemp gelatin chewables are not approved for any medical use by the United States Food and Drug Administration.

(g) THC is an intoxicating substance that causes a psychoactive reaction. Onsets of effects may be delayed.

(h) concurrent use with alcohol or other intoxicants increases impairment and crash risk,

Article 7

Licensing; Relationship between Manufacturers, Wholesalers, and Retailers; Taxation

Section 61-14-700. (A)(1) A manufacturer, wholesaler, or retailer of hemp-cannabinoid beverages, hemp gelatin chewables, or safe harbor hemp products must be in possession of a valid, applicable hemp-cannabinoid product license issued by the department that has sole and exclusive power to issue hemp-cannabinoid product licenses.

(2) A wholesaler or retailer of hemp-cannabinoid beverages must be in possession of a valid applicable beer and wine or liquor license issued by the department.

(B) The department may issue, subject to revocation, the following licenses:

(1) hemp-cannabinoid product manufacturer's license, which authorizes the licensee to manufacture:

(a) hemp-cannabinoid beverages and hemp gelatin chewables and to sell, deliver, or ship hemp-cannabinoid beverages and hemp gelatin chewables in accordance with regulations in bottles or cans or containers to a person in this State who has a wholesaler's license issued pursuant to this article and in bottle or cans or containers to person outside this State; or

(b) manufacture safe harbor hemp products and to sell, deliver, or ship safe harbor hemp products in accordance with this chapter.

However, the manufacturer may not delivery or ship a product into another state whose laws prohibit the consignee from receiving or selling that specific product.

(2) hemp-cannabinoid product wholesaler's license, which authorizes the licensee to purchase, store, keep, possess, import into this State, transport, sell, and deliver hemp-cannabinoid beverages in bottles or cans and hemp gelatin chewables in accordance with regulations to a person having a manufacturer's or retail license issued pursuant to this article; and

(3) hemp-cannabinoid product retail license, which authorizes the licensees to purchase hemp-cannabinoid beverages and hemp gelatin chewables from wholesalers having licenses issued pursuant to this article, and to store, keep, possess, and sell hemp-cannabinoid beverages at retail, and which excludes sales of hemp-cannabinoid beverages for on-premise consumption.

(C) The department is authorized to issue, suspend, revoke, renew, or decline to renew hemp-cannabinoid product licenses pursuant to Article 3, Chapter 6, Title 61, Sections 61-2-90 through 140, and Section 61-2-260 or to revoke or decline to renew any licenses under Title 61 for violations of this chapter, or both.

Section 61-14-710. (A) A manufacturer of hemp-cannabinoid beverages or hemp gelatin chewables or a person who imports these beverages produced outside the United States may not sell, barter, exchange, transfer, or deliver for resale hemp-cannabinoid beverages or hemp gelatin chewables unless the person holds a valid hemp-cannabinoid product wholesaler's license, and a holder of a hemp-cannabinoid product wholesaler's license may not sell, barter, exchange, transfer, or deliver for resale hemp-cannabinoid products to a person who does not have a hemp-cannabinoid product manufacturer's, or retailer's license.

(B) Manufacturers of hemp-cannabinoid products containing not more than ten milligrams of an allowable THC concentration are subject to Chapter 6, Title 61 in the same manner and to the same extent as those provisions apply to manufacturers of alcoholic liquor.

(C)(1) Wholesalers of hemp-cannabinoid products are subject to Chapter 6, Title 61 in the same manner and to the same extent those provisions apply to wholesalers of alcoholic liquor.

(2) Wholesalers of hemp-cannabinoid products must also maintain a wholesaler license issued under Chapter 6, Title 61.

(D)(1) Retailers of hemp-cannabinoid products are subject to Chapter 6 of Title 61, in the same manner and to the same extent those provisions apply to alcoholic liquor.

(2) Retailers of hemp-cannabinoid products must also maintain a retail license for alcoholic liquor to be eligible for a hemp-cannabinoid product retailer's license in addition to any additional requirements required by the department.

Section 61-14-720. (A) The biennial license taxes on hemp-cannabinoid product licenses granted pursuant to this article in addition to all other licenses taxes are as follows:

(1) manufacturer's license: fifty thousand dollars;

(2) wholesaler's license: twenty thousand dollars;

(3) retail license: one thousand two hundred dollars.

(B) Each applicant shall pay a filing fee of one hundred dollars, which must accompany the initial application for each location and is not refundable.

(C) A person who applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in Section 61-6-1810.

Section 61-14-730. (A) The license tax or taxes imposed on wholesale sales by this section shall, except as otherwise expressly provided, be in addition to all other licenses and taxes levied by law, as a condition precedent to engaging in any business or doing any act taxable under this chapter.

(B) In addition to all other taxes levied, assessed, collected, and paid in with respect to hemp-cannabinoid beverages and hemp gelatin chewables, every licensed wholesaler shall be subject to the payment of a tax of six-tenths cent per ounce or fractional quantity thereof on sales of each hemp-cannabinoid beverage sold and containing five milligrams or less of an allowable THC concentration.

(C) In addition to all other taxes levied, assessed, collected, and paid in with respect to hemp-cannabinoid beverages and hemp gelatin chewables, every licensed wholesaler shall be subject to the payment of a tax of one hundred two thousandths cent per ounce or fractional quantity thereof on each hemp-cannabinoid beverage and hemp gelatin chewables sold and containing more than five milligrams of an allowable THC concentration.

(D) Eleven percent of the excise tax revenues collected pursuant to this section must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund and distributed pursuant to Chapter 12, Title 61.

Section 61-14-740. The tax prescribed in this article must be paid by requiring each wholesaler to make a report to the department, in the form the department prescribes, of all hemp-cannabinoid beverages and all hemp gelatin chewables sold or disposed of within this State by the wholesaler and to pay the tax due thereon not later than the twentieth of the month following the sale of the hemp-cannabinoid beverages and hemp gelatin chewables. Any wholesaler who fails to file the report or to pay the tax as prescribed in this section must pay a penalty of one quarter of one percent of the amount of the tax due and unpaid or unreported for each day the tax remains unpaid or unreported. The penalty must be assessed and collected by the department in the manner as other taxes are assessed and collected. The department may grant any wholesaler extensions of time for filing the reports and paying the taxes prescribed in this article and no penalties may be assessed or collected to the extent that the extensions of time are granted.

Section 61-14-750. (A) For hemp-cannabinoid beverages or hemp gelatin chewables containing five milligrams or less of an allowable THC concentration, and under the reporting method of tax payment on such sales of hemp-cannabinoid beverages as prescribed in Section 61-14-730, the department shall allow a discount of two percent to the wholesaler on the amount of tax reported on each monthly report.

(B) For hemp-cannabinoid beverages or hemp gelatin chewables containing more than five milligrams of an allowable THC concentration, and under the reporting method of tax payment on such sales of hemp-cannabinoid beverages as prescribed in Section 61-14-730, the department shall allow a discount of one percent to the wholesaler on the amount of tax reported on each monthly report.

(C) In no case shall any discount be allowed if the taxes are not paid in full or if either the report or the taxes are received by the department after the date due, or after the expiration of any extension granted by the department.

Section 61-14-760. Every person, firm, corporation, club, or association, or any organization or individual within this State, importing, receiving, or acquiring from without the State or from any other sources whatever, hemp-cannabinoid beverages or hemp gelatin chewables as defined in this chapter on which the tax imposed by this chapter has not been paid, for use or consumption within the State, shall be subject to the payment of a license tax at the same rates provided in Sections 61-14-730 and 61-14-740.

Section 61-14-770. The department may promulgate rules and regulations for the payment and collection of the taxes levied by this article. The administrative provisions of Article 21, Chapter 21, Title 12 and Articles 3 and 5, Chapter 33, Title 12 wherever applicable, are adopted for the administration and enforcement of the provisions of this article.

Section 61-14-780. The department or any agent or representative designated by it for that purpose and all peace officers or police officers of the State may enter upon the premises of any person selling or offering for sale any hemp-cannabinoid beverages or hemp gelatin chewables without a warrant and examine or cause to be examined any books, records, papers, memoranda or commodities and secure any other information directly or indirectly pertaining to the enforcement of this article.

Section 61-14-790. (A) The cost of supplies and other expenses of the administration of this article shall be paid out of the proceeds derived from the collection of this tax upon warrants drawn by the department upon the State Treasurer.

(B) The hemp-cannabinoid beverages and hemp gelatin chewables taxes and license fees provided for by this article must be paid to and collected by the department and deposited to the credit of the general fund of the State, unless otherwise specified by this article.

Section 61-14-800. (A) It is unlawful for a person to sell or permit to be sold hemp-cannabinoid beverages or hemp gelatin chewables authorized to be sold under this chapter on which taxes levied have not been paid.

(1) For a first violation of this section, a person is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, in the discretion of the court.

(2) For a second offense of this section, a person is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both.

(3) For a third or subsequent offense of this section, a person is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, imprisoned for not less than thirty days nor more than sixty days, or both.

(B) It is unlawful for a person who does not hold a license pursuant to this chapter to sell or permit to be sold hemp-cannabinoid beverages or hemp gelatin chewables. A person who violates this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than two-thousand five hundred dollars or imprisoned for not less than thirty days nor more than sixty days, or both, and is prohibited from being a licensee under any chapter of Title 61.

(C) Each hemp-cannabinoid beverage or hemp gelatin chewable sold on which taxes levied have not been paid is a separate offense.

Article 9

Provisions Affecting Hemp-Cannabinoid Products Only

Section 61-14-900. (A) A manufacturer, producer, distributor, wholesaler, and retailer must abide by the regulations of practices between each other, as established in Section 61-4-735 and Section 61-4-940, as applied to hemp-cannabinoid products.

(B) Except as provided in subsection (C), a manufacturer, producer, or wholesaler of hemp-cannabinoid products, or a person acting on his behalf, must not give, furnish, rent, lend, or sell, directly or indirectly, to the holder of a hemp-cannabinoid product retail license any equipment, fixtures, free hemp-cannabinoid beverages or hemp gelatin chewables, or service. The holder of a hemp-cannabinoid product retail license or a person acting on his behalf may not accept, directly or indirectly, any equipment, fixtures, free hemp-cannabinoid beverages or hemp gelatin chewables , or service referred to in this subsection from a manufacturer, producer, wholesaler of hemp-cannabinoidproducts, except as provided in subsection (C).

(C) A wholesaler may furnish at no charge to the holder of a hemp-cannabinoid product retail license point of sale advertising specialties and product displays as provided under 27 Code of Federal Regulations, Section 6.83, , excluding electronic refrigeration equipment. A wholesaler also may furnish the following services to a retailer: setting boxes, rotating stock, affixing price tags to products, and building displays.

(D) Producers, manufacturers, and importers of hemp-cannabinoid products are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. For the purposes of this section, a manufacturer or producer of hemp-cannabinoid products is declared to be a tier one business, a wholesaler or importer owned solely by a wholesaler is declared to be a tier two business, and a retailer is declared to be a tier three business. A person or entity in the hemp-cannabinoid product business on one tier or a person acting directly or indirectly on his behalf may not have ownership or financial interest in a hemp-cannabinoid product business operated on another tier. For purposes of this subsection, ownership or financial interest does not include the ownership of less than one percent of the stock in a corporation with a class of voting shares registered with the Securities and Exchange Commission or other federal agency under Section 12 of the Securities and Exchange Act of 1934, as amended, or a consulting agreement under which the consultant has no control over business decisions and whose compensation is unrelated to the profits of the business.

(E) A manufacturer, producer, importer, or wholesaler of hemp-cannabinoid products may discount product price based on quantity purchases if all discounts are on price only, appear on the sales records, and are available to all retail customers.

(F) A person or entity on one tier that has ownership or financial interest on January 1, 2026, in a business that upon the effective date of this section will be an entity on another tier has two years from the effective date of this section to divest the interest in either of the entities so as to only have ownership or financial interest in one tier as described in subsection (D). This section does not exempt any requirements of the three-tier system as described in Title 61.

Section 61-14-920. Hemp-cannabinoid beverages in a 750-milliliter bottle, a single serving can , or a hemp gelatin chewable as permitted by this chapter must be sold only in licensed alcoholic liquor stores.

SECTION 23. If the federal government exercises its right to regulate hemp-cannabinoid products through prohibition or regulation, then the allowable THC concentration shall be the lesser of either the federally defined THC level for hemp-cannabinoid products or delta-9 tetrahydrocannabinol that is not more than three-tenths of one percent on a dry weight basis or not more than ten milligrams.

SECTION 24. Pre-existing stock, purchased prior to the effective date of this act, may be sold through November 12, 2026, provided a certificate of analysis is available and sales are prohibited to anyone under the age of twenty-one.

SECTION 25. Section 61-6-1500 of the S.C. Code is amended to read:

Section 61-6-1500. (A) A retail dealer may not:

(1) sell, barter, exchange, give, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, of alcoholic liquors without regard to the size of the container:

(a) between the hours of 7:00 p.m. and 9:00 a.m.;

(b) for consumption on the premises;

(d) to an intoxicated person;

(e) to a mentally incompetent person; or

(f) to a person the retail dealer knows is another retail dealer, except as provided in Section 61-6-950 or between locations owned by the same retail dealer;

(2) permit the drinking of alcoholic liquors in his store or place of business;

(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:

(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and

(b) the electronic transfer is initiated by the retailer no later than one business day after delivery;

(4) redeem proof-of-purchase certificates for any promotional item; or

(5) purchase, barter, exchange, receive, or offer to purchase, barter, exchange, receive or permit the purchase, barter, exchange, or receipt, of alcoholic liquors without regard to the size of the container from another retail dealer, except as provided in Section 61-6-950 or between locations owned by the same retail dealer.

However, during restricted hours a retail dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

(B)(1) It is unlawful for a person licensed to sell alcoholic liquors pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.

(2) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.

(3) In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department. A third or subsequent violation of subsection (A)(1)(f) within three years of the first violation must result in a mandatory suspension of the license or permit for a period of at least thirty days. A violation of subsection (A)(5) must result in a mandatory suspension of the license or permit for a period of at least thirty days.

(4) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.

(C) A retail dealer must keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size.

(D) It is unlawful to sell alcoholic liquors except during lawful hours of operation.

(E) It is unlawful for a retail dealer to sell hemp-cannabinoid products for delivery directly to a customer's residence.

SECTION 26.A. Article 23, Chapter 5, Title 56 of the S.C. Code is amended by adding:

Section 56-5-2937. (A) It is unlawful for a person to drive a motor vehicle within this State with the presence of five or more nanograms per milliliter of delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue in his blood.

(B) If a law enforcement officer has reasonable suspicion that a person who was driving a motor vehicle within this State with the presence of tetrahydrocannabinol or tetrahydrocannabinol analogue in his body, the law enforcement officer may request a blood sample pursuant to Section 56-5-2950(A)(2). The remaining provisions of Section 56-5-2950 related to blood testing apply to blood tests requested and administered pursuant to this section.

(C)(1) A person who violates the provisions of this section is guilty of the offense of driving with an unlawful tetrahydrocannabinol concentration and, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished as follows:

(a) for a first offense, by a fine of four hundred dollars, which may not be suspended, or imprisonment for not less than forty-eight hours nor more than thirty days, or both. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum forty-eight hour sentence. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first offense charged for this item may be tried in magistrates court;

(b) for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year, or both. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars.; or

(2) The provisions contained in this article related to ignition interlock devices and the Ignition Interlock Device program do not apply to a conviction of this section.

(D) For the purposes of this section a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, Section 56-5-2930, Section 56-5-2933, or prohibits a person from driving a motor vehicle with an unlawful tetrahydrocannabinol concentration, including, but not limited to, this section, constitutes a prior offense of this section. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

(E) Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.

(F) Two hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.

(G) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the bodily fluid tests.

(H) A person convicted of violating this section, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Office of Substance Use Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Office of Substance Use Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. An applicant may not be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant successfully has completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant successfully has completed services. The court must be notified whether an offender failed to enroll in a certified program within thirty days or failed to participate in the plan of education or treatment. The court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment.

(I) A person charged with a violation of Section 56-5-2930 may be prosecuted pursuant to this section if the original testing of the person's blood was performed pursuant to subsection (B). A person may not be prosecuted for both a violation of Section 56-5-2930 and a violation of this section for the same incident. A person who violates the provisions of this section is entitled to a jury trial and is afforded the right to challenge certain factors including, but not limited to:

(1) whether or not the person was lawfully arrested or detained;

(2) the period of time between arrest and testing;

(3) whether the person was given a written copy of and verbally informed of the rights pursuant to subsection (B) and enumerated in Section 56-5-2950;

(4) whether the person consented to taking a test pursuant to subsection (B), and whether the:

(a) presence of five or more nanograms per milliliter of delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue was detected by the test;

(b) individual who took blood samples was qualified; and

(c) tests administered and samples obtained were conducted pursuant to subsection (B) and Section 56-5-2950 and regulations adopted pursuant to Section 56-5-2951 and Section 56-5-2953.

(J)(1) Nothing contained in this section prohibits the introduction of:

(a) the results of any additional tests of the person's blood;

(b) any evidence that may corroborate or question the validity of the blood test result including, but not limited to, evidence that the person did not consume delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue.

(c) a video recording of the person's conduct at the incident site and the blood testing site which is subject to redaction under the South Carolina Rules of Evidence; or

(d) any other evidence of the state of a person's faculties to drive which would call into question the results of a blood test.

(2) At trial, a person charged with a violation of this section is allowed to present evidence relating to the factors enumerated above and the totality of the evidence produced at trial may be used by the jury to determine guilt or innocence. A person charged with a violation of this section must be given notice of intent to prosecute under the provisions of this section at least thirty calendar days before his trial date.

(K) For the purpose of this section, any offense carrying a penalty of imprisonment of ninety days or less may be tried in magistrates court.

(L) The Department of Motor Vehicles shall suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to, a person who drives a motor vehicle and refuses to submit to a test provided for in subsection (B) or had five or more nanograms per milliliter of delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue was detected in a blood test. The arresting officer shall issue a notice of suspension which is effective beginning on the date of the alleged violation of this section and the arresting officer must electronically submit the notice to the Department of Motor Vehicles. The provisions of Section 56-5-2951 related to temporary alcohol licenses apply to temporary tetrahydrocannabinol licenses except:

(1) for the provisions related to ignition interlock devices and the Ignition Interlock Device Program;

(2) that the notice of suspension, in addition to the person's right to request a contested case hearing, shall:

(a) state that the person has a right to a temporary tetrahydrocannabinol license rather than a temporary alcohol license; and

(b) not provide an opportunity to enroll in the Ignition Interlock Device Program.

(3) that the scope of a contested case hearing shall include whether the person consented to taking a blood test pursuant to subsection (B) and whether the reported results of that test detected the presence of five or more nanograms per milliliter of delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue rather than a reported alcohol concentration; and

(4) references to blood alcohol level are deemed to be references to the presence of tetrahydrocannabinol.

B. Sections 56-5-2934 and 56-5-2935 of the S.C. Code is amended to read:

Section 56-5-2934. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945 who is being tried in any court of competent jurisdiction in this State has the right to compulsory process for obtaining witnesses, documents, or both, including, but not limited to, state employees charged with the maintenance of breath testing devices in this State and the administration of breath testing pursuant to this article. This process may be issued under the official signature of the magistrate, judge, clerk, or other officer of the court of competent jurisdiction. The term "documents" includes, but is not limited to, a copy of the computer software program of breath testing devices. SLED must produce all breath testing software in a manner that complies with any and all licensing agreements. This section does not limit a person's ability to obtain breath testing software directly from the manufacturer or distributor.

Section 56-5-2935. Notwithstanding any other provision of law, a person charged with a violation of Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945 who is being tried in any court of competent jurisdiction in this State must have the right of trial by jury. A person charged with one or more of these offenses shall enjoy the right to a speedy and public trial by an impartial jury, to be fully informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses, documents, or both, and the right to be fully heard in his defense by himself or by his counsel or, by both.

C. Section 56-5-2942 (A) through (F) of the S.C. Code is amended to read:

(A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945 must have all motor vehicles owned by or registered to the person immobilized if the person is a resident of this State, unless the vehicle has been confiscated pursuant to Section 56-5-6240 or the person is a holder of a valid ignition interlock restricted license.

(B) For purposes of this section, "immobilized" and "immobilization" mean suspension and surrender of the registration and motor vehicle license plate.

(C) Upon receipt of a conviction by the department from the court for a second or subsequent violation of Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945, the department shall determine all vehicles registered to the person, both solely and jointly, and suspend all vehicles registered to the person, unless the person is a holder of a valid ignition interlock restricted license.

(D) Upon notification by a court in this State or another state of a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945, the department shall require the person, unless the person is a holder of a valid ignition interlock restricted license, to surrender all license plates and vehicle registrations subject to immobilization pursuant to this section. The immobilization is for a period of thirty days to take place during the driver's license suspension pursuant to a conviction for a second or subsequent violation of Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945. The department shall maintain a record of all vehicles immobilized pursuant to this section.

(E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien.

(F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:

(1) the person regularly drives the motor vehicle subject to immobilization;

(2) the immobilized motor vehicle is necessary to the person's employment, transportation to an educational facility, or for the performance of essential household duties;

(3) no other motor vehicle is available for the person's use;

(4) the person will not authorize the use of the motor vehicle by any other person known by the person to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945; or

(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by the person to have been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933 56-5-2937, or 56-5-2945.

D. Section 56-5-2947(A) of the S.C. Code is amended to read:

(A) A person eighteen years of age or older is guilty of child endangerment when:

(1) the person violates:

(a) Section 56-5-750;

(b) Section 56-5-293056-5-2910;

(d) Section 56-5-2945; and56-5-2930;

(e) Section 56-5-2933;

(f) Section 56-5-2945; or

(g) Section 56-5-2937; and

(2) the person has one or more passengers younger than sixteen years of age in the motor vehicle when the violation occurs.

If more than one passenger younger than sixteen years of age is in the vehicle when a violation occurs, the person may be charged with only one violation of this section.

E. Section 56-5-2947(D) of the S.C. Code is amended to read:

(2) Upon conviction under subsection (A)(1)(b)(d) through (d)(g), the person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for three months.

(3) Sections 56-1-1320 and 56-5-2990 as they relate to enrollment in an alcohol and drug safety action program and to the issuance of a provisional driver's license will not be effective until the ignition interlock restricted license period is completed.

F. Section 56-5-2950(E) - the undesignated paragraph - of the S.C. Code is amended to read:

(2) SLED shall administer the provisions of this subsection and shall make regulations necessary to carry out this subsection's provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the state's general fund. However, if the person is subsequently convicted of violating Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945, then, upon conviction, the person shall pay twenty-five dollars for the costs of the tests. The twenty-five dollars must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the breath testing devices, breath testing site video program, and toxicology laboratory.

G. Section 56-5-2951 (I)(1) and (2) and (N) of the S.C. Code is amended to read:

(I)(1) Except as provided in item (3), the period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, an arrested person who has no previous convictions for violating Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs within the ten years preceding a violation of this section, and who has had no previous suspension imposed pursuant to Section 56-1-286, 56-5-2951, 56-5-2937 or 56-5-2990, within the ten years preceding a violation of this section is:

(a) six monthsone year for a person who refuses to submit to a test pursuant to Section 56-5-2950; or

(b) one monthtwo months for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more or if the person takes a test pursuant to Section 56-5-2937 and the test detected the presence of five or more nanograms per milliliter of delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue.

(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to, a person who has been convicted previously for violating Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945, or another law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or another drug within the ten years preceding a violation of this section, or who has had a previous suspension imposed pursuant to Section 56-1-286, 56-5-2951, 56-5-2937 or 56-5-2990, within the ten years preceding a violation of this section is:

(a) for a second offense, nine monthstwo years if the person refuses to submit to a test pursuant to Section 56-5-2950, or twofour months if the person takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more or if the person takes a test pursuant to Section 56-5-2937 and the test detected the presence of five or more nanograms per milliliter of delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue;

(b) for a third offense, twelve monthsthree years if the person refuses to submit to a test pursuant to Section 56-5-2950, or threesix months if the person takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more or if the person takes a test pursuant to Section 56-5-2937 and the test detected the presence of five or more nanograms per milliliter of delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue; and

(c) for a fourth or subsequent offense, fifteen monthsfour years if the person refuses to submit to a test pursuant to Section 56-5-2950, or foureight months if the person takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more or if the person takes a test pursuant to Section 56-5-2937 and the test detected the presence of five or more nanograms per milliliter of delta-9 tetrahydrocannabinol or tetrahydrocannabinol analogue.

(N) An insurer shall not increase premiums on, add surcharges to, or cancel the automobile insurance of a person charged with a violation of Section 56-1-286, 56-5-2930, 56-5-2933, 56-5-2937 56-5-2945, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs based solely on the violation unless the person is convicted of the violation.

H. Section 56-5-2953(A)(1) of the S.C. Code is amended to read:

(A) A person who violates Section 56-5-2930, 56-5-2933, 56-5-2937 or 56-5-2945 must have his conduct at the incident site video recorded and the breath test site video recorded, as appropriate. The State may comply with the video recording requirement by offering into evidence one or more video recordings, or by establishing that one or more of the exceptions provided for in subsection (B) applies.

(1)(a) The video recordedrecording at the incident site must:

(i) not begin later than the activation of the officer's blue lights;

(ii) include any field sobriety tests administered; and

(iii) include the arrest of a person for a violation of Section 56-5-2930 or Section 56-5-2933, or a probable cause determination in that the person violated Section 56-5-2945, and show the person being advised of his Miranda rights reasonably document the advisement of Miranda rights if Miranda warnings are given. Nothing in this section shall be construed to require Miranda warnings unless the State attempts to introduce statements made in response to a custodial interrogation.

(b) A refusal to take a field sobriety test does not constitute disobeying a police command.

I. Section 56-5-2953(B) of the S.C. Code is amended to read:

(B)(1) Nothing in this section may be construed as prohibiting the introduction of other relevant evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, 56-5-2937, or 56-5-2945. A violation of this section is not grounds for dismissal of a violation of Section 56-5-2930. 56-5-2933, 56-5-2937, or 56-5-2945.

(2) Failure by the arresting officer to produce the video recording required by this section is not alone a ground for dismissal of any charge made pursuant to a video recording that substantially complies with the recording requirements of this section may be grounds for the suppression of evidence that was not properly recorded or documented as set forth in this section in any trial for a violation of Section 56-5-2930, 56-5-2933, 56-5-2937, or 56-5-2945 if unless the arresting officer submits a sworn affidavit certifying that the video recording equipment at the time of the arrest or probable cause determination, or video equipment at the breath test facility was in an inoperable condition, stating which reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the video recording because the person needed emergency medical treatment, or exigent circumstances existed. In circumstances including, but not limited to, road blocks,roadblocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the video recording equipment has not been activated by blue lights, the failure by the arresting officer to produce the video recordings required by this section is not alone a ground for dismissalthe suppression of evidence. However, as soon as video recording is practicable in these circumstances, video recording must begin as soon as practicable and thereafter must conform with the provisions of this section. Nothing in this section prohibits the court from considering any other valid reason for the failure to produce the of the State to substantially comply with any video recording requirements based upon the totality of the circumstances; nor do the provisions of this section prohibit the person from offering evidence relating to the arresting law enforcement officer's failure to produce the video recording.

(3) The court must view all relevant portions of any video recordings before making a ruling on the suppression of evidence or testimony.

SECTION 27. Chapter 23, Title 23 of the S.C. Code is amended by adding:

Section 23-23-65. (A) A law enforcement officer who is Class 1-LE certified in this State is required to complete Continuing Law Enforcement Education Credits (CLEEC) in drug impairment recognition each year of a three-year recertification period. The number of required annual CLEEC hours in drug impairment recognition shall be determined by the council but must be included in the forty CLEEC hours required over the three-year recertification period. The training must be provided or approved by the academy and must include, but is not limited to, curriculum in recognizing impairment caused by hemp-cannabinoid products.

SECTION 28. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 29. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 30.The prohibition and enforcement of hemp-cannabinoid product distribution and sales to individuals under the age of twenty-one are effective upon the signature of the Governor, and the remaining provisions of this act take effective sixty days after approval by the Governor.

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