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Is Delta-8 Legal in South Carolina: A State Guide

Published on October 13, 2023
BioWellnessX Blog
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Key points

    Welcome to our friendly guide, where we get to the heart of Delta-8 THC’s legal status in South Carolina. We’ll explore the current laws of Delta-8 and marijuana in this beautiful State and look at the various types of cannabis.

    We’re here to bring you accurate, helpful, and up-to-date information. When buying Delta-8 in South Carolina, we want to give you practical advice. We’ll keep things simple, clear, and, most importantly, legal. It’s not about rushing through the information but rather taking our time to ensure you understand each aspect.

    So, grab your coffee, sit back, and let’s dive into the world of Delta-8 THC in South Carolina. We’re excited to have this conversation with you!

    Key Takeaways

    • South Carolina law does not explicitly prohibit hemp-derived Delta-8, leaving its legal status uncertain.
    • Delta-8 is derived from hemp and must contain less than 0.3% Delta-9 THC to be considered legal at the federal level.
    • Recreational and medicinal use of marijuana is currently illegal in South Carolina.
    • Cannabis laws are always changing, especially regarding Delta-8 THC; make sure to keep current on all state and federal laws to stay in full legal compliance.

    Legality of Delta-8 THC in South Carolina

    The legality of Delta-8 products in South Carolina is a bit of a legal puzzle, with some recent developments causing confusion.

    Currently, the South Carolina Law Enforcement Division (SLED) considers Delta-8 THC products to be illegal. This position is based on an Attorney General’s opinion that declared Delta-8 to be illegal in 2021.

    The Columbia Police Department recently sent letters to various retailers, including vape shops, formally informing them to stop selling Delta-8 products. This move aligns with SLED’s guidance that Delta-8 is not legal in South Carolina.

    The key legal reference used in this determination is the South Carolina Hemp Farming Act, which was enacted in 2019. While the Act legalizes industrial hemp with a Delta-9 THC content of 0.3% or less, it doesn’t specifically address other THC variants such as Delta-8 and Delta-10. Many in the hemp industry argue that the law doesn’t explicitly forbid these variants, making them legal.

    This exact omission is also what makes Delta-8 federally legal under the 2018 Farm Bill.

    We’d like to say that Delta-8 is legal in South Carolina, however, some legal action has been taken against distributors. So we can’t say for certain what’s going on in that State, but buying Delta-8 online seems to be residents’ best option.

    The legality of Delta-8 might need further legislative or judicial resolution. Given the increasing stance of law enforcement agencies, it’s possible that some may take legal action in the near future. Businesses considering selling Delta-8 products are encouraged to consult with experienced attorneys in retail and hospitality law to minimize legal risks.

    Luckily, there is some precedent that federal courts and judges overrule bans on hemp-derived THC products. Some states have tried to ban the compound, but federal judges rule the ban unconstitutional. Hopefully, that’s the case in South Carolina, as well. Just make sure you’re keeping up to date on laws and events to keep yourself safe.

    As it stands now, both recreational and medicinal marijuana use is still illegal in South Carolina. Yeah, you heard it right – it’s not allowed for any reason.

    The local law enforcement agencies are always on their toes, enforcing this ban. Meanwhile, the lawmakers in the Palmetto State are wrestling with a potential game-changer: the Compassionate Care Act. This proposed law could open the doors for legal medicinal marijuana use for certain conditions.

    Let’s break down the current situation:

    • Recreational use: Still a big no–no.
    • Medicinal use: Unfortunately, this is also off the table for now.
    • The Compassionate Care Act: This could be a game-changer. It’s still up in the air, but if passed, it could make medicinal marijuana legal for certain conditions. Stay tuned!

    South Carolina is a rare example of a State not allowing either recreational or medical marijuana use. Which is a shame to see.

    However, there is a bill in the South Carolina House that aims to decriminalize the possession of small quantities of marijuana and hashish. If passed, the bill would reduce penalties for the possession of these substances and authorize law enforcement to issue civil citations for minor possession. The bill recognizes the need for drug treatment and rehabilitation for individuals convicted of first-time possession of certain controlled substances.

    While South Carolina is exploring changes to its marijuana laws, as of now, both recreational and medical marijuana remain illegal in the State, and individuals should be aware of the legal consequences associated with marijuana-related offenses.

    You know, when the 2018 Farm Bill came into play, it did a lot for Delta-8 THC. This bill sometimes called the Agriculture Improvement Act (aka Hemp Farming Act), changed the game for certain cannabinoids under the Controlled Substances Act.

    Well, let’s break it down:

    • The THC Level Defined by Federal Law: Delta-8, when derived from hemp and its Delta-9 THC concentration doesn’t go over 0.3%, is considered legal on a federal level.
    • States Have Their Say: Even though the federal law gives it a thumbs up, each State can tweak its own regulations. Take South Carolina, for example. While it’s considered federally legal, South Carolina is showing heavy resistance to State legalization and making it very difficult for both suppliers and consumers.

    Comparing and Contrasting Relevant Cannabis Strains

    Delta-8, Delta-9, and CBD each bring their own unique qualities, influencing your journey with distinct effects and benefits. What’s more, their legal status can be quite different across the US, varying from State to federal levels. But worry not, for we’re here to shed light on these differences.

    This section should help empower you with this knowledge and embark on a journey where the legal landscape of Delta-8 THC in Illinois becomes crystal clear.

    Why is this knowledge so crucial, you ask? It’s your compass for compliance with State laws and regulations, and it equips you to make well-informed choices when embracing these fantastic cannabis-related products.

    Delta-8 THC

    Delta-8 THC, or Delta-8 tetrahydrocannabinol, is a natural cannabinoid found in hemp and cannabis plants. It’s chemically akin to Delta-9 THC, the main psychoactive compound in marijuana, but it delivers a gentler, more soothing high. Delta-8 products, like organic Delta-8 gummies and vape cartridges, are legally available in certain states and have gained popularity in various retail outlets.

    Users have reported that both Delta-8 and Delta-9 THC provide benefits such as pain relief, increased appetite, and a sense of relaxation and tranquility. Delta-8 is often likened to an indica strain due to its capacity to induce similar effects, like relaxation and calmness. It offers a legal alternative for those seeking some of the benefits associated with THC but with a milder, less intense high.

    Delta-8 is also a favorite among some of our staff members, here is what one said ‘I turn to Delta-8 when seeking a restful night’s sleep without the grogginess or hangover-like sensations I get with other sleep aids. It’s undeniably one of the few sleep solutions that consistently helps me both fall asleep and remain peacefully asleep throughout the night.’

    And here’s what one verified Delta-8 user had to say about the compound:

    “I pick the 100mg organic Knockout gummies. They taste GREAT! I take one before bed and then I have the best sleep ever. There’s nothing else like them out there that I’ve tried. Did I mention great texture, and they go through your system so cleanly? A peaceful night’s sleep, long lasting 8 – 10 hours, and I can welcome a brand new day through well rested eyes and clearer thoughts.”

    So, is Delta-8 worth trying? That’s ultimately up to each individual consumer. It’s always a good idea to do some extra research, talk to a trusted cannabis expert, and make sure you’re informed about Illinois Delta-8 laws.

    Delta-9 THC

    Delta-9 THC is the key compound in the world of cannabis. It’s the one responsible for those “high” feelings many associate with marijuana use. But here’s the thing: not all Delta-9 THC is the same. You need to know where it comes from.

    There are two main sources: marijuana and hemp. The first one, marijuana-derived Delta-9 THC, is subject to strict federal restrictions. The second, hemp-derived Delta-9, is more widely accessible.

    Now, when you consume Delta-9 THC, it can lead to various effects. It might make you feel euphoric, relaxed, or even super hungry (yes, the “munchies”). Your experience depends on factors like how strong it is, how much you take, how you take it, and even who you are.

    This compound acts on your brain’s reward system, releasing dopamine and giving you that pleasurable high. People often compare its effects to a hybrid-sativa strain, suitable for different times of the day. It can help you relax, get your appetite going, improve sleep, and ease physical discomfort. But remember, everyone’s response is unique.

    Now, be mindful of possible side effects, such as dry mouth, a faster heartbeat, paranoia, drowsiness, or increased anxiety. Similar to Delta-8, hemp-derived Delta-9 THC usually causes milder side effects, it’s crucial to stay informed and exercise caution before trying any THC product. Also, keep in mind that Delta-9 restrictions are typically stricter than Delta-8. So, know your source, be legal, and make wise choices when it comes to Delta-9 THC.

    Cannabidiol (CBD)

    CBD, short for cannabidiol, stands out in the world of cannabis compounds. Unlike its psychoactive cousins, it won’t take you on a mind-altering journey. But don’t underestimate it because of that – CBD packs a punch in the health and wellness department.

    Mostly derived from hemp, CBD comes in various forms, from CBD gummies to oil tinctures, and it continues to gain recognition in the medical community through ongoing research.

    Here’s the best part: CBD is widely available across the United States since it has only tiny amounts of THC. It’s not nearly as restricted as some other cannabis compounds.

    Just like Delta-8 THC and Delta-9 THC, CBD interacts with the endocannabinoid system, bringing various wellness benefits. However, its approach is different, which is why it won’t get you high.

    People have been exploring CBD’s potential for decades. It’s known for its effects on stress, mood and sleep. On the physical side, research hints at its ability to ease discomfort and even support certain aspects of heart health.

    So, if you’re looking for natural wellness without the high, CBD could be your new best friend. It’s a versatile and promising compound with a growing reputation in the medical world.

    How Does Delta-8 Work in the Body: Interactions with the Endocannabinoid System

    You know what’s fascinating about Delta-8? It’s not just its milder effect on us that makes it stand out, but also the unique way it plays with our body’s endocannabinoid system. This small twist in its action can make a world of difference in how we feel and function.

    When it enters our body, it interacts with our endocannabinoid system, specifically the CB1 and CB2 cannabinoid receptors. Here’s how:

    • The Delta-8-CB1 receptor connection:
      Delta-8’s interaction with the CB1 receptor in our bodies sparks a chemical reaction that tweaks how our brain releases neurotransmitters and stirs up neuron excitement. This can help muffle certain neurons, like pain-signaling neurons, which can help soothe and relieve discomfort.
    • Managing Symptoms:
      Research shows this interaction might help ease certain symptoms. It’s like a gentle whisper to our bodies saying, ‘Hey, chill out and feel better.’ Whether it’s physical or mental ailments bothering you, Delta-8 shows promise in natural alternative wellness.

    This explains why Delta-8, a hemp-derived cannabinoid, holds so much promise for therapeutic use. But let’s not get ahead of ourselves; more studies are needed to fully grasp what these interactions mean and what Delta-8 can truly offer.

    Tips for Safe and Proper Delta-8 Dosing

    Delta-8 THC may be less potent than Delta-9 THC, but it still packs a punch. If you’re from South Carolina, you might know that Delta-8 is illegal there, but it’s crucial to still be informed on safe dosing practices.

    Getting your Delta-8 dosage right is super important. It’s all about maximizing your experience, ensuring safety, and keeping any unwanted side effects at bay.

    Here are some pro tips:

    • Start small with your dosage, like 5mg, and give it time to take effect before thinking about an increase.
    • Remember, everyone’s different – Delta-8 THC might hit you differently than your friend who’s been singing its praises.
    • Consult a Delta-8 dosage chart for more in-depth guidance.
    • Consider your personal tolerance level and how you’re consuming it when figuring out your dosage.
    • Monitor your body’s reaction with every increase in dosage, only increase dosage after you’re comfortable with your current THC level.
    • Avoid mixing Delta-8 THC with other substances like alcohol or caffeine.

    Start slow, stay within legal limits, and pay attention to your body’s response. Keep these tips in mind, and you’re all set to enjoy the benefits of Delta-8 THC safely!

    Where to Legally Buy Delta-8 in South Carolina?

    Unfortunately, buying Delta-8 legally in South Carolina might be a tough task these days. The South Carolina Department and the Attorney General are closely monitoring the hemp industry and have even taken recent action on some suppliers.

    If you do find a brick-and-mortar store, just be sure they’re reliable, trustworthy, and Farm Bill compliant. However, we think the best way to buy Delta-8 THC is through trusted online sellers like BioWellnessX.

    BioWellnessX has been around for over a decade and has verified 5-star reviews from cannabis enthusiasts around the country and we provide Farm Bill-compliant products and deliver right to your doorstep.

    With so much legal confusion in South Carolina, BioWellnessX is a smart choice for purchasing premium Delta-8 THC products.

    We offer a broad selection of organic Delta-8 items. Among our top sellers are our organic Delta-8 gummies, which are perfect for beginners or those seeking a more potent experience. If you have any queries, our knowledgeable staff is ready to answer all your questions.

    All in all, it seems like Delta-8 THC is in a legal grey area in South Carolina. Not explicitly illegal, with some serious resistance happening. And while marijuana is still fully illegal in the State, clarity on hemp-derived Delta-8 products is much needed.

    Luckily, there are some bills in the works to ease restrictions, and federal courts seem to side with the Farm Bill in terms of Delta-8 legality. This gives us hope that soon Delta-8 will be clearly defined as legal in South Carolina.

    If you decide to try Delta-8 THC, visit www.BioWellnessX.com for some of the highest quality cannabis goods available today.

    Just make sure you’re aware of your local and State laws – protect yourself, stay safe, and enjoy the ride!

    Brand new to Delta-8? First time trying us? Get a free Delta-8 sample on us.

    Other Related Articles About Delta-8 THC

    Curious About Illinois’ Surrounding State Laws?

    References:

    1. Is Delta-8 Legal: Illinois Lawmakers to Close Loophole?
    2. South Carolina CPD Calls Delta-8 Illegal
    3. Is Delta-8 Legal: A State-by-State Guide
    4. 5 Things to Know about Delta-8 Tetrahydrocannabinol – Delta-8 THC
    5. Delta-8-THC: Delta-9-THC’s nicer younger sibling?
    6. Consumer Experiences with Delta-8-THC
    7. Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA
    8. The Controlled Substances Act (dea.gov)

    FAQs About Delta-8 and Its Legality

    What Are the Potential Side Effects of Using Delta-8?

    Potential side effects of using Delta-8 may include dizziness, nausea, fatigue, and impaired coordination. It can also cause a change in appetite and mood. Long-term effects are currently under study in the scientific community.

    Are There Any Restrictions on the Sale and Distribution of Delta-8 in South Carolina?

    In South Carolina, Delta-8 THC is currently legal under State law. However, its sale and distribution may be subject to regulations and restrictions set by local authorities or governing bodies. Always verify with current local laws.

    How Does the Potency of Delta-8 Compare to Other Types of Cannabis?

    Delta-8 THC is generally less potent than D9 THC, the primary psychoactive component of cannabis. However, it still offers some psychoactive effects, along with the potential therapeutic benefits such as pain relief and appetite stimulation.

    Can Delta-8 Show on a Drug Test?

    Yes, Delta-8 THC can show on a drug test. Most standard drug tests are made to detect metabolites of THC, the active compound in cannabis, which includes both Delta-9 and Delta-8 variants.

    What Are the Medical Benefits of Using D8?

    Delta-8 THC is reported to have several potential medical benefits. It may alleviate pain and inflammation, reduce nausea, stimulate appetite, and potentially exhibit neuroprotective properties. However, more research is needed to fully understand these effects.

    Other Fun Facts About South Carolina

    1. First Tea Farm in the U.S.: South Carolina is home to the first tea farm in the United States, the Charleston Tea Garden. It’s a unique place to learn about tea production and see acres of tea plants. Learn More.
    2. Palmetto State: South Carolina is often referred to as the “Palmetto State” due to the significance of the palmetto tree. During the American Revolution, palmetto logs were used to fortify the defenses of Sullivan’s Island, and the soft wood of the palmetto tree helped the fort withstand British cannonballs. Learn More.
    3. Barbecue Capital: South Carolina is renowned for its barbecue, and there are different regional styles. In the State, you can find vinegar-based, mustard-based, and tomato-based barbecue sauces.
    4. First American Civil War Battle: The first battle of the American Civil War, the Battle of Fort Sumter, took place in Charleston Harbor, South Carolina, in 1861. Learn More.
    5. Bluegrass Birthplace: South Carolina is considered one of the birthplaces of bluegrass music. The famous musician and banjo player Earl Scruggs was born in Shelby, North Carolina, just across the state line from South Carolina.
    6. Island Paradise: South Carolina has some beautiful barrier islands, including Hilton Head Island and Kiawah Island, known for their stunning beaches, golf courses, and natural beauty. Learn More.
    7. Angel Oak Tree: South Carolina is home to the Angel Oak Tree, a massive live oak estimated to be over 400-500 years old. It’s a popular tourist attraction and is one of the oldest living things in the country. Learn More.
    8. Military History: South Carolina has a rich military history, with several military bases, including Parris Island Marine Corps Recruit Depot and Fort Jackson, which is one of the largest Army training bases in the world.

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