Understanding the Legal Framework
Cannabidiol (CBD) is a compound found in cannabis plants that has gained significant attention due to its potential therapeutic effects, without the psychoactive elements associated with marijuana. However, the legality of CBD products can be complex and varies from state to state. This article will explore the current legal status of CBD in South Carolina.
Federal Law and the Farm Bill
On the federal level, the 2018 Farm Bill legalized the cultivation of industrial hemp, which is defined as cannabis plants containing less than 0.3% THC. This effectively legalized CBD products derived from such hemp. However, CBD derived from marijuana plants (those with over 0.3% THC) remains illegal under federal law.
South Carolina State Law
In South Carolina, the legality of CBD products aligns with federal law. The state passed the Industrial Hemp Farming Act in 2017, which allows the cultivation of industrial hemp and the production of CBD oil. However, it is crucial to note that CBD products must contain less than 0.3% THC to be considered legal in South Carolina.
Regulations on Sale and Possession
While it is legal to possess and use CBD products in South Carolina, there are regulations on its sale. Retailers selling CBD products must have a license from the South Carolina Department of Agriculture (SCDA). Furthermore, all CBD products must be lab tested to ensure they contain less than 0.3% THC. The SCDA also requires that CBD products are properly labeled with the product's name, net weight, and a statement that the product contains less than 0.3% THC.
Medical Cannabis in South Carolina
While CBD derived from industrial hemp is legal, medical marijuana is not. South Carolina has yet to pass a comprehensive medical marijuana bill, meaning the use of marijuana-derived CBD is still illegal. However, there is an exception for patients suffering from severe epilepsy, who can use CBD oil under a physician's supervision.
Conclusion
In summary, CBD derived from industrial hemp (containing less than 0.3% THC) is legal in South Carolina. However, CBD derived from marijuana is still considered illegal. Retailers selling CBD products must be licensed and ensure their products meet the state's regulations. While South Carolina has not legalized medical marijuana, there are provisions for the use of CBD oil for severe epilepsy patients under medical supervision.