is cbd legal in south carolina

South Carolina Dispensaries

CBD in South Carolina – 2020 Complete Guide

CBD In South Carolina

2020 Complete Guide

Is CBD in South Carolina Legal? | SC CBD 2020

South Carolina CBD laws have been changing extremely quickly in South Carolina in recent years. So, what is the current legal status of CBD oil and hemp in the state? Is CBD oil legal in South Carolina in 2020? In this post we’ll discuss not only the legality of possessing CBD oil in the state, but also of growing hemp, producing CBD oil, and selling CBD oil and other CBD-infused products. Let’s roll.

A brief history of South Carolina hemp and CBD laws

Did you know that the cultivation of hemp, the type of cannabis used to make CBD oil, dates back to 1733 in South Carolina? An act was passed in the then British colony to promote the growth of hemp for its “useful manufacture to his Majesty’s Royal Navy.” At the time hemp was the main crop used to produce fibers for rope and cloth.

Everything seemed to be going along just fine for more than 200 years when in 1937 the US federal government declared the cultivation of cannabis to be illegal in the US. The prohibition effort was spearheaded by influential politicians with ties to the lumber industry. These buzz killers saw an opportunity to crush their competition by lumping hemp together with marijuana. Both lumber and hemp were being used to make products such as paper and building materials.

It would be another eight decades before South Carolina lawmakers would get around to ending the prohibition of hemp. The legislation was drafted to take advantage of a farm bill signed by President Obama in 2014 that permitted states to develop hemp pilot programs. The new legislation, not passed until 2017, called for the licensing of up to 20 hemp farmers to grow up to 20 acres each. Those limits were increased in 2018 to 50 hemp grower licenses with 50 acres each.

However, the question remained as to whether or not CBD oil was legal in South Carolina because it was still, technically, illegal at the federal level. But there was one segment of the citizenry that was permitted to possess CBD oil.

A few years earlier, in 2014, Senate Bill 1035, aka “Julian’s Law,” was passed. The law permitted the use of CBD oil to treat children with severe epilepsy as long as the treatment was recommended by a physician. The measure also officially reclassified any cannabis product possessing less than 0.3 percent THC as industrial hemp. It’s about this time some that retailers in the state first began selling CBD oil.

Then in March 2019, South Carolina’s Hemp Farming Act was passed. The measure repealed the cap on the number of hemp grower licenses in South Carolina. Since the law was signed, the state has seen a 565 percent increase in the number of hemp farmers in the state. In 2020, more than 100 South Carolina farmers are licensed to grow hemp.

Controversy over cured, smokable hemp flower

Although the Hemp Farming Act was lauded by stakeholders in the hemp industry, there was one problem for consumers. Within the bill was language meant to prevent unlicensed parties from possessing raw hemp. The state Attorney General’s Office interpreted the law to mean that it was illegal to sell cured smokable hemp. The opinion states “the statute makes it clear that the mere possession of raw unprocessed hemp or hemp not in a finished hemp product without a license is unlawful.”

However, the notion that cured and trimmed CBD-rich hemp flower counts as “unprocessed hemp” is being challenged.

The law was implemented to remove obstacles for state law enforcement officials in enforcing marijuana laws. Smokable CBD-rich hemp flower looks and smells exactly like marijuana. Although drug labs in the state had the capability to test for the presence of THC, they were not designed to test for the actual percentage of the buzz-causing compound.

Although South Carolina’s licensed hemp farmers are arguably only permitted to sell dried flowers to processors and not directly to retailers, they are allowed to sell the product in other states. And although it’s easy for retailers to purchase cured hemp flower from other states, selling the product in-state puts them at risk of being raided.

So, that’s the background that led us up to 2020. So, is CBD legal in South Carolina now? What about other CBD products? Can South Carolina legally buy CBD online? Furthermore, can anyone grow hemp or sell CBD? Let’s go over some of these frequently asked questions.

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