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Is it legal here, on this date?
South Carolina · Hemp delta-9 edibles · on Oct 10, 2026
Legal at general retail
- In short
- Hemp is delta-9 THC of 0.3% or less (or the 7 U.S.C. 5940 level, whichever is greater); the Hemp Farming Act does not apply to the sale of hemp products, and the Act (S.C. Code Title 46, ch. 55, read Oct 8, 2026) sets no age limit, licence or mg cap for them.
- Channel
- Any store
- Potency caps
- None stated in the sources checked
- Minimum age
- —
- Retailer licence
- Not required
- Shipping into the state
- Unclear
- Effective
- —
- Next scheduled change
- None scheduled in the sources checked
- Pending
- H.3924 (liquor-store channel, 5/10 mg limits, 21+): on Jun 25, 2026 the Senate adopted the conference report 27-11 and the House rejected it 28-69; the bill page (read Oct 8, 2026) shows no later action. Whether the bill is dead is not yet confirmed: the sine die resolution S.883 as printed would allow conference reports from committees formed on or before May 14, 2026 to be considered until sine die no later than Nov 8, 2026, but S.883 itself is still in conference. The Hemp Farming Act (S.C. Code Title 46, ch. 55, read Oct 8, 2026; last amended in 2019) sets the hemp THC level by reference to 7 U.S.C. 5940.
- Statute / rule
- S.C. Code 46-55-10, 46-55-30 · S.C. Code Title 46, ch. 55 (Hemp Farming Act)
- Checked
- Verified Oct 8, 2026
Federal overlay · applies from Dec 11, 2026
Federal: total THC (incl. THCA) ≤0.3%, 0.4 mg per container, converted delta-8
From Dec 11, 2026, hemp means total THC including THCA at 0.3% or less by dry weight; final products are capped at 0.4 mg total THC per container; cannabinoids made outside the plant (converted delta-8, delta-10) are excluded. Scheduled — Dec 11 is also the day the federal funding bill expires, and the White House budget office asked Congress in June for 'at minimum, an extension'. Watch the countdown.
General information from public sources with the statute and the check date on every row — not legal advice. Grey means not yet confirmed.
Sources
- P.L. 119-37, Div. B §781 (signed Nov 12, 2025) — the hemp redefinition — checked Oct 8, 2026
- H.R. 6500 enrolled = P.L. 119-103, Div. B §2019 (signed Sep 2, 2026) — the Dec 11 delay — checked Oct 8, 2026
- OMB letter to Speaker Johnson (Jun 24, 2026) asking for 'at minimum, an extension' of §781 — checked Oct 8, 2026
- 21 U.S.C. § 843(c)(2) — internet advertising of controlled substances (United States Code, 2023 Edition) — checked Oct 8, 2026
Frequently asked questions
›Does 'not yet verified' mean banned?
No. A grey lamp means we have not checked that state and product class against a primary source yet. It is on the verification queue. Verified rows show the statute and the day we checked.
›Does the checker decide whether my product is legal?
No. It shows the state row for a product class: the lamp, the channel, the caps and the statute. Compare your label or certificate of analysis with the caps yourself. The status lamp comes from the rules row only.
›What is a 'licensed channel only' lamp?
The product class may be sold in that state, but only through a licensed channel — a licensed hemp retailer, a liquor or package store, or a marijuana dispensary — often with caps and an age limit. The row names the channel and the statute.