Delta 9 is the main cannabinoid found within cannabis. It creates the euphoric high typically associated with cannabis products. However, Delta 9 is considered illegal by the DEA and is a Schedule I drug. This classifies Delta 9 as a dangerous substance that can cause psychological and physical damage.
Delta 8 is closely related to Delta 9, but is less potent and more controllable than Delta 9. There is still an uplifting feeling when consumed. But consumers have reported better outcomes and no side effects after taking Delta 8. Side effects would include a clouded head and increased anxiety and paranoia after taking. Plus, it’s federally legal.
Federal Law
How is Delta 8 legal and Delta 9 illegal when they offer some of the same effects? This is because of the Farm Bill, a bill created in 2018 by the USDA and approved by President Trump. Within this bill, two parts of the cannabis plant, hemp and marijuana, become defined separately. This separation comes for the first time since the 1970s under the Controlled Substances Act. This act stated anything associated with the cannabis plant is dangerous. The DEA created strict rules and classifications, placing cannabis as a Schedule I drug.
Because of this new definition, a new industry sprouted. The Farm Bill states:
“The term ‘hemp’ means 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 delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
So, as long as products contain less than 0.3 percent of Delta 9, it is considered hemp. And hemp is now legal under this new Farm Bill. But just because hemp is legal on the federal level doesn’t mean that it is legal in every state. Each state creates their own rules and regulations when it comes to hemp and its legality. It’s how some states have legalized medical marijuana use and others haven’t. So what does South Carolina laws say about Delta 8?
South Carolina State Law
South Carolina is like a majority of states in the country. They have adopted the same definition of hemp as defined in the Farm Bill. The state further defines hemp:
“‘Hemp products’ 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 non-sterilized hemp seeds, is not considered a hemp product.”
If the product is part of the above list and follows the definition of hemp, then Delta 8 is legal in South Carolina.
Laws are always subject to change. Research the rules and regulations in your state before purchasing and/or consuming any Delta 8 products.
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