Delta-8 THC is hugely popular in Palm State, and its legality is being debated!

This pretty much sums up the entire discussion of this article. Statistics from the International Journal of Drug Policy show that searches for delta-8 have been high in the US in 2020 and 2021. The researchers believe that the global delta-8 THC search rate increased by 257% from 2019 to 2020 and 705% from 2020 to 2021, with 22.5 million searches in the first 8 months of 2021 alone! Sales of delta-8 products were similar, increasing 144% from April 2020 to April 2021.

One of the reasons for delta-8’s popularity is that it doesn’t have the extreme effects of marijuana. This compound may be an ideal choice for people who want to try cannabis and cannabis-like products but don’t want the euphoric effects. In addition, this is beneficial for medical purposes, including pain relief, anxiety reduction, increased appetite, and improved sleep patterns and concentration.

Delta-8 is a cousin of delta-9 THC with a slightly different molecular structure and lower THC concentration. This element provides a spiritual effect.

If you want to consume, buy, distribute, manufacture delta-8 or delta-8 products or grow delta-8 in South Carolina. This Delta 8 THC South Carolina Law Guide is all you need.

So, let’s get started!

Is Delta-8 Legal in South Carolina?

Yes, Delta-8 is legal in South Carolina. The South Carolina Legislature enacted and passed Senate Bill 3449, which is synchronized with federal law, the 2018 Farm Bill.

South Carolina Attorney General on Legality of Delta-8

The South Carolina Division of Law Enforcement (SLED) requested this opinion, and the South Carolina AG responded on October 4, 2021. According to South Carolina Code Annotation § 44-53-190(D)(18), “Any THC is not prohibited “with a concentration of delta-9 THC not exceeding 0.3 on a dry weight basis,” therefore, SLED was told, This language can criminalize the distribution, intent to distribute, or possession of delta-8 THC or even any other THC variant found in South Carolina.

South Carolina law does not distinguish between the different isomers of THC. But a 1978 Georgia decision listed delta-8 as an isomer. In SC law, all isomers are included in Schedule 1 of Controlled Substances, “unless specifically excluded”. The legality of marijuana, an exception to the CSA, depends on its federally defined THC levels, which means delta-9 THC concentrations do not exceed 0.3 percent by dry weight.

Additionally, according to SLED and AG, cannabis cultivation laws do not involve delta-8 THC or any other isomer other than delta-9. They further illustrate the legalization of delta-8 by citing a definition of cannabis that includes “all derivatives, extracts, cannabinoids and isomers” of delta-8 that are considered under the CSA. The only exception is delta-9 THC in the Act, which involves a delta-9 concentration of no more than 0.3% (by dry weight).

Debate on Delta-8 and DEA

We’ve seen some data above on how delta-8 THC is getting sales and popularity, but did you notice that there’s no mention or talk of “delta-8 in the 2018 Farm Bill and all bills passed by the Senate” “condition. While SC AG has explained this quite a bit and made it clear that delta-8 is a controlled substance in South Carolina, other states have remained silent on their stance on legalizing delta-8. When the compound was legalized in the United States in 2018, an unregulated market was born, leading to the marketing of illegal and harmful products sold under the name delta-8. Manufacturers, on the other hand, are struggling to meet growing demand for this compound because delta-8 occurs naturally in very small quantities. During this period, producers began to produce it through the isomerization process. This is done by converting CBD into Delta-8 by heating the former and promoting the transformation of the isomers into different molecular structures. Shortly after these productions began, the Drug Enforcement Administration (DEA) issued an interim rule stating two things:

First, partially processed cannabis (intermediate cannabis) is not consumed. It threatened to include it in Schedule 1 of the Controlled Substances Act.

Second, it talks about the legality of synthetically derived THC. They reviewed the Farm Bill definition of hemp. They state that any material with a delta-9 concentration of 0.3% THC dry weight is not subject to CSA control. However, this does not apply to synthetically derived THC regardless of its THC concentration.

However, this temporary rule has little impact on manufacturers. where is the problem? Why is this happening?

Although the agency referred to the term “synthetically derived THC,” it did not explain what the term meant. Therefore, the best practice is to follow the ordinary meaning of “synthesis”, which is defined as “substances related to or resulting from chemical or biochemical synthesis”.However, if Articles and Researchers is trustworthy, then isomerization does not fall under the definition of synthetically derived THC because the active ingredient in the product is naturally occurring and derived from legal cannabis.

What is Delta-8 THC?

Delta-8 is a psychoactive compound that occurs naturally in cannabis and cannabis sativa plants. Of the two, hemp-derived delta-8 was federally legalized through the Agricultural Improvement Act of 2018 (also known as the Farm Bill). This is probably the easiest explanation of delta-8 you can find online. Hemp in the 2018 Farm Bill is defined as “the hemp plant and any part of the plant having a delta-9 THC concentration of not more than 0.3% by dry weight.” The 2018 Farm Bill gave states the power to restrict and regulate the production and sale of hemp within their jurisdiction. However, states do not have the power to regulate cross-border shipping and shipping.

Delta-8 in South Carolina has restrictions

Hemp has been defined as an agricultural product and has been legalized at the federal and state levels. Therefore, no possession restrictions are defined for cannabis-derived products. However, you have to do lab testing, and cannabis source documentation for delta-8 can easily be confused with delta-9; even if sent for lab testing, there is no way to differentiate the two compounds because there are no advanced testing labs and currently they Just check the THC content.

Legality of Medical and Recreational Marijuana in South Carolina

After 7 years of waiting, debate and fighting, the South Carolina legislature legalized the medical use of marijuana. For the longest time, South Carolina remained one of 13 U.S. states to ban medical marijuana. With the passage of S. 150, patients with qualified medical conditions (such as cancer, epilepsy, sickle cell anemia, wasting syndrome, etc.) can purchase and possess cannabis products from licensed dispensaries. All patients are required to meet with a doctor and are limited to a two-week supply of medical marijuana at a time.

Delta-8 product launched in South Carolina

Delta-8 products are diverse and constantly evolving. Today, Delta 8 products are available in capsules, tinctures, vape pens, brownies, gummy bears, flowers, and more. There is still some uncertainty about the use of some marijuana products, like marijuana flower, which is illegal in South Carolina. Therefore, it should be used with caution.

Khan Brownies

Driving the Delta-8 in South Carolina

Yes, you can take a delta-8 to South Carolina. Additionally, the cross-border shipment of hemp and hemp-derived products has been legalized by federal and state laws. If you’re traveling to a state where delta-8 is available and delta-8 isn’t legal, you should take care; make sure you have the proper documentation so you don’t waste time with your local police department’s investigation. Also, if you’re traveling by air, check to see if the airline lists any restrictions related to having delta-8.

Delta-8 Age Restrictions

Although there are no special rules at the federal and state level related to the age to purchase delta-8s. Some states fix this age at 21, which is why retailers can ask your age and only sell you products if you’re 21 or older.

Frequently Asked Questions

Question: Are THC foods legal in South Carolina?

No, THC foods are not legal in South Carolina.

Question: Is CBD legal in South Carolina?

Cannabinoids are the second most popular non-psychoactive compound in the cannabis sativa plant. CBD is legal in South Carolina as long as it comes from legal marijuana. However, the SCDA said that CBD, as an active ingredient, would be subject to chemical investigation if used in food or beverages, in violation of the Drugs and Cosmetics Act. As a result, South Carolina has banned the sale and manufacture of food products containing CBD isolate, and even banned full-spectrum hemp extracts from being labeled CBD. To remain legal, CBD oil must be labeled as hemp oil.

Question: Is a license required to grow and process hemp in South Carolina?

A: Yes, you need a license to grow and process hemp. For cannabis cultivation, South Carolina accepts applications every year; in 2022, applications are open until February 28. The license is valid for 1 year. Eligibility criteria for applying for a license include:

  • Applicants complete criminal background
  • Proof of residency in South Carolina
  • Criminal Background Check
  • Farm service agency farm number and GPS coordinates of where the cannabis was grown
  • Submit application and attach relevant materials
  • Attend SCDA training and sign a cannabis cultivation agreement along with a non-refundable application fee of $100 and a license fee of $1000

Applications are only accepted online.

To process hemp, you must obtain a South Carolina Dealer and Processor License and a Hemp Processing License, as well as a South Carolina Weigher License. The process includes background checks, filling out applications, and more.

Applicants must submit a $100/per location fee; this is a non-refundable application and a $3,000 license fee. Please note that processing licenses do not allow the license holder to grow, possess live clones or breed any other type of live plants/animals.

Question: How is marijuana different from marijuana?

A: Both cannabis and cannabis come from the cannabis sativa plant. They differ in the following ways:

  1. Chemical structure: Both have the same molecular structure, but the chemical positioning of the chemical structure is different.
  2. THC concentration: Cannabis consists of 0.3% THC concentration, and cannabis is considered when THC concentration exceeds 0.3%.
  3. Legality: Marijuana is legal at both the federal and state levels, while marijuana is not.
  4. Medical Benefits: Cannabis helps reduce the risk of heart disease, manage weight, stabilize blood sugar levels, and more, while cannabis helps relieve chronic pain, fight cancer, regulate seizures, diabetes, and more.
  5. side effect

The future of Delta-8 THC in South Carolina

The future of delta-8 looks even brighter in South Carolina. SC was one of the U.S. states that actively welcomed hemp prior to the passage of the 2018 Farm Bill. One such example is the signing of HB 3559 by the SC on May 11, 2017, by which they legalized the growth of industrial hemp. The South Carolina Legislature has been closely monitoring and updating the laws related to delta-8 and delta-9, and we do not anticipate any hindrances or legal restrictions on delta-8 in the future.

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Delta 8 THC North Carolina Legal Guide