2025-2026 Bill 3924 Text of Previous Version (Apr. 23, 2026)

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

Section 46-55-5. The purpose of this chapter is to encourage the cultivation, harvesting, and manufacturing of hemp in recognition that hemp is a valuable commodity. It is also the intent of the General Assembly to prohibit the possession, manufacturing, and distribution of consumable hemp products that contain more than 0.4mg of total THC per container. In acknowledging consumable hemp products may be intoxicating, the prohibition of such products in this State is in the interest of the public health and safety of its citizens.

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

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

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

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

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

(4) "Consumable hemp product" means a finished hemp product that is intended for human consumption, ingestion, injection, or inhalation and contains any part of the hemp plant, including intoxicating hemp products, or any compound, concentrate, derivative, including synthetic derivatives, extract, isolate, or resin derived from hemp other than CBD, CBG, CBC, provided the products do not contain more than 0.4mg of total THC per container and do not contain cannabinoids, regardless of concentration that are synthesized or manufactured outside the cannabis plant. Smokeable flower or prerolls are not considered a consumable hemp product and are prohibited from being sold in this State.

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

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

(6)(7) "Federally defined THC level for hemp" means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. SECTION 5940, whichever is greater.

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

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

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

(10)(11) "Intoxicating hemp products" are derivatives, extracts, cannabinoids, isomers, esters, ethers, acids, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation including, but not limited to:

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

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

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

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

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

(vi) exo-tetrahydrocannabinol;

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

(viii) tetrahydrocannabinolic acid;

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

(x) synthetic forms of tetrahydrocannabinol, including dronabinol;

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

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

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

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

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

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

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

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

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

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

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

(17) "THC" means tetrahydrocannabinol.

(18) "Total tetrahydrocannabinol" or "Total THC" means the sum of Delta 9 THC, tetrahydrocannabinolic acid (THCA) after conversion, and any other cannabinoid, isomer, analogue, derivative, or synthetic equivalent that has intoxicating or psychoactive effects.

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

Section 46-55-70. (A) Any intoxicating hemp product or hemp product that contains a higher concentration of total THC than specified in Section 46-55-10(4) distributed, sold, or offered for sale to consumers in this State in violation of this chapter shall be considered contraband and may be seized by law enforcement as provided for by law.

(B) The sale or possession of an intoxicating hemp product or hemp product that contains a higher concentration of total THC than specified in Section 46-55-10(4) is prohibited by law and punishable in the same manner as THC pursuant to Sections 44-53-190 and 44-53-370.

(C) It is unlawful to manufacture, distribute, sell, offer for sale, or possess with intent to distribute any beverage exceeding the total THC limit established herein.

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

Section 46-55-80. Nothing in this chapter may be construed to prohibit the continuous transportation through South Carolina of the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent (0.3%) on a dry weight basis, produced in accordance with 7 U.S.C Section 1639 et. seq.

Section 46-55-90. Nothing in this chapter may be construed to prohibit the possession, manufacture, sale, or distribution of CBD products, provided those products do not produce an intoxicating or psychoactive reaction when consumed by a person.

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

Section 46-55-100. Local school districts shall collaborate with the State Department of Education, the South Carolina Law Enforcement Division, and the Attorney General's office, as appropriate, to implement a policy to educate and notify students of the provisions of this chapter which includes adequate notice to students, parents or guardians, the public, and school personnel of the change in law.

SECTION 5. Title 46 of the S.C. Code is amended by adding:

CHAPTER 56

Consumable Hemp Products

Section 46-56-10. It is unlawful for a person under the age of twenty-one to possess or consume a "consumable hemp product." A "consumable hemp product" is defined as a hemp, tetrahydrocannabinol (THC) or cannabinoid product that is a hemp- or cannabinoid-derived good intended for human ingestion, absorption, or consumption made from a cannabinoid that is naturally occurring in a hemp plant or made from a cannabinoid that is chemically derived or otherwise synthetically manufactured that has been extracted or purified from an agricultural product. The following chemically derived hemp cannabinoids are specifically included in the definition of a consumable hemp product:

(1) Hexahydrocannabinol (HHC);

(2) Tetrahydrocannabinol acetate ester (THCo);

(3) Tetrahydrocannabiphorol (THCp);

(4) Delta 8 Tetrahydrocannabinol;

(5) Delta 10 Tetrahydrocannabinol;

(6) Delta 4 Tetrahydrocannabinol;

(7) Delta 11 Tetrahydrocannabinol;

(8) Delta 6a10a Tetrahydrocannabinol;

(9) Hexahydrocannabinol Acetate (HHC-O);

(10) Delta 9 Tetrahydrocannabiphorol;

(11) Delta 9 Tetrahydrocannabihexol;

(12) Delta 9 Tetrahydrocannabinol octyl;

(13) Delta 9 Tetrahydrocannabinol methyl ether (THC-M);

(14) Delta 8 Tetrahydrocannabinol octyl;

(15) Delta 7 Tetrahydrocannabinol; or

(16) any synthetic derivative or analog of the above compounds.

Section 46-56-20. (A) No person may knowingly:

(1) sell or distribute a product containing a consumable hemp product to a person who is under twenty-one years of age or purchase a product containing a consumable hemp product on behalf of a person who is under twenty-one years of age;

(2) persuade, entice, send, or assist a person who is under twenty-one years of age to purchase, acquire, receive, or attempt to purchase a consumable hemp product. This section does not preclude law enforcement efforts involving:

(a) the use of a minor if the minor's parent or legal guardian has consented to this action; or

(b) the use of a person under twenty-one years of age who is not a minor if the individual has consented to this action;

(3) distribute samples of consumable hemp product in or on a public street, sidewalk, or park; or

(4) sell or distribute a consumable hemp product without having first obtained proof of age from the purchaser or recipient.

(B) Any consumable hemp beverage product offered for retail sale shall be merchandised in such a manner including, but not limited to, signage, shelf-talkers, and stickers on cooler doors, so as to clearly indicate to consumers the product contains hemp-derived cannabinoids.

(C) With the exception of consumable hemp beverages, it is a violation to fail to maintain any product containing consumable hemp products locked away or behind the counter of a retail establishment in an area inaccessible to the customer.

(D) A person violating subsection (A) is guilty of a misdemeanor and, upon conviction:

(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(E) Section 61-6-4080 is applicable to a person who is in violation of subsection (A)(1) for the sale or distribution of a consumable hemp product.

(F) It is unlawful for a person under twenty-one years of age to:

(1) knowingly purchase, possess, or accept receipt of a consumable hemp product; or

(2) knowingly present purported proof of age that is false, fraudulent, or not actually that person for the purpose of purchasing or receiving a consumable hemp product.

(G) A person violating subsection (F) 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.

(H) A person eighteen years of age and older lawfully employed to serve or remove consumable hemp products, beer, wine, or alcoholic beverages in establishments licensed to sell these beverages is not considered to be in unlawful possession of the beverages during the course and scope of his duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

Section 46-56-40. (A) A person engaged in the business of selling at retail consumable hemp products must post in each location for which he has obtained a license a sign with the following words printed thereon:

"The possession of a consumable hemp product by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing a consumable hemp product."

(B) The South Carolina Department of Agriculture must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.

(C) A retail seller of consumable hemp products 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, or both.

Section 46-56-50. (A) Nothing in this act shall be construed to:

(1) legalize the sale, possession, or consumption of THC products by any person in this State where such products are otherwise prohibited by law;

(2) permit the sale or distribution of any product that exceeds the established THC limits; or

(3) prohibit the sale or distribution of any hemp product that is otherwise legal under state or federal law provided the sale or distribution is not in violation of this article.

(B) This article does not limit or affect any other federal or state law more strictly regulating THC or controlled substances in this State.

Section 46-56-60. An entity that is in the business of manufacturing or selling products containing a hemp-derived cannabinoid in this State, including a producer or retailer, may not be located within one thousand feet of a school, daycare facility, or other similar locations.

SECTION 6. 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 7. During the first 180 days after the effective date of this act, law enforcement officers shall only issue warnings for violations of this article.

SECTION 8. This act takes effect upon approval by the Governor.

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