Delta 8 THC Laws in South Carolina 101: Where to Buy Legal Delta 8 in The Palmetto State

Delta 8 South Carolina

Delta 8 THC offers the hemp industry a fresh perspective on the hemp plant, potential for new products, and market development. But, as D8 THC items continue to land on shelves and online shopping carts, users increasingly question their legality. 

As a South Carolina resident, you probably want to know if this cannabinoid is legal in your state. Let’s look at the legal status of delta 8 in the Palmetto State. 

Last Update: April 17, 2024


  • Hemp-derived delta 8 THC is legal in South Carolina under state law.
  • South Carolina legalized the crop under the Hemp Farming Act in 2019.
  • The state hasn’t explicitly banned or restricted delta 8 THC, but there’s a discrepancy between the law and its enforcement.
  • You can order delta 8 THC products online if you live in South Carolina.
  • Mr. Hemp Flower offers a range of delta 8 products for the South Carolina market, including gummies, pre-rolls, and flower coated with D8 oil.

Is Delta 8 THC Legal in South Carolina? 

Yes, hemp-derived delta 8 THC is legal in South Carolina. 

But, there needs to be more clarity between state law and how it’s interpreted by law enforcement.

South Carolina legalized the hemp plant and all its derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers with less than 0.3% THC under the Hemp Farming Act (H3449). 

The state hasn’t explicitly banned the manufacture and sale of hemp-derived delta 8 THC. 

As per the 2018 Farm Bill, South Carolina updated its hemp law to make a clear distinction between hemp and marijuana. Marijuana is a controlled substance in the state, but state law exempts “tetrahydrocannabinol in hemp or hemp products” from the definition of marijuana and the controlled substances list. 

But, according to an opinion by the South Carolina Attorney General (AG), issued in October 2021, delta 8 is not exempt from the controlled substances list, despite the Hemp Farming Act making the exemption.

Although this opinion is not legally binding, people’s dispensaries have been raided by law enforcement, which followed recommendations by the AG. It’s a complicated situation that needs to be settled in court or with a direct law that regulates this compound. 

Hemp-derived products can be lawfully sold in the Palmetto State without any possession limits or age restrictions. Considering the intoxicating nature of D8 THC, many retailers sell these products to consumers over 21.  

Anything over 0.3% THC is considered marijuana, and it’s illegal in the Palmetto State. Medical marijuana is also prohibited in South Carolina.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in South Carolina?

The best option for purchasing delta 8 THC in South Carolina is to order online. Just like with hemp CBD, it’s important to look for a transparent and reliable brand that cares about the quality of its products. 

A telltale sign that the store wants to sell cheap, untested products is that they are not too happy about showing you a Certificate of Analysis. Or, if they are, they show you an incomplete lab report. 

Why Mr. Hemp Flower?

At Mr. Hemp Flower, we are very meticulous about the ingredients we put in our products. You can always be sure you’re getting a top-shelf, tested item simply by looking at our Certificate of Analysis

If the product contains terpenes, we also provide a separate terpene report and make sure we disclose in the product description that the terpenes we use are 100% strain-specific, naturally derived, and non “synthetic.” 

Also, if you believe in the power of whole plant hemp extracts, we are there with you. We are a dedicated team that provides the best full spectrum cannabinoid products on the market. 

Delta 8 THC is legal in South Carolina, so you can order any D8 product from our website. Our growing collection of D8 THC items fit everyone’s taste, from new to seasoned users. If this is your first time trying this cannabinoid, we recommend delta 8 THC gummies and soft gel capsules or hemp flower and D8 pre-rolls

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a minor hemp cannabinoid that’s also known as delta 9 THC’s “twin sister.” The two molecules have an almost identical chemical structure but offer two different experiences. Users love D8 because it gives them a more mild “high” or euphoric sensation. 

More research is needed on D8 THC, but so far, studies show that the compound is 50 to 70 percent less intoxicating than delta 9 THC. Because the hemp plant contains trace amounts of this compound, manufacturers make it by chemically converting hemp-derived cannabidiol (CBD). 

Delta 8 THC and Federal Law 

Hemp-derived delta 8 THC is legal under the 2018 Farm Bill. In this case, we’re talking about D8 extracted directly from the hemp plant. Extracting this cannabinoid naturally is not an option for manufacturers at this time because the plant contains a very low concentration of D8 in its organic state (less than 0.1%). 

To create larger quantities of this cannabinoid, manufacturers use a chemical process known as isomerization. Chemists use this process to convert one chemical compound into another. In this case, they use hemp-derived cannabidiol (CBD) and convert it into delta 8 THC. 

Nearly all D8 products placed on the market are infused with D8 derived from CBD. This is the part where the legality of D8 gets sticky. As you may have guessed, D8 made using this process may not be considered an organically derived compound from the hemp plant. Why? Because it may be classified as a “synthetically derived tetrahydrocannabinol.” 

Whether D8 made from CBD is a “synthetic” cannabinoid is under debate because federal law doesn’t explicitly define the term “synthetic.” Also, the Drug Enforcement Administration (DEA) stated in its Interim Final Rule on implementation of the Farm Bill that “all synthetically derived tetrahydrocannabinols remain Schedule I controlled substances.” 

This leaves room for interpretation because typically, a “synthetic” cannabinoid is made of non-organic sources in a lab. Synthetic THCs like Spice and K2 are man-made chemicals that exhibit dangerous and intense mind-altering effects. The creation of these drugs doesn’t involve cannabis plant material.   

Experts agree that while D8 made from CBD is not naturally extracted, it’s far from being considered a “synthetic” cannabinoid. But, the lack of a clear definition of the term “synthetic” gives the DEA space to consider D8 made from hemp a synthetic tetrahydrocannabinol. 

Final Thoughts

Delta 8 THC is legal to buy in South Carolina. The Palmetto State hasn’t explicitly banned the manufacture, sale, and use of hemp-derived D8 products. Residents of South Carolina can freely order an array of D8 THC products online.  

Delta 8 South Carolina Laws

Be Sure to Check Out: 

Our Delta 8 Products

D-8 Gummies

All D-9 THC Products


Yes, it is legal to buy in South Carolina! The state hasn’t explicitly banned the manufacture and sale of D-8 THC, and its hemp laws allow the sale of hemp-derived products. 

The best option is to order D-8 THC products online. Reliable brands, like Mr. Hemp Flower, offer tested D-8 products and ship directly to your home.

Get it till it’s available! Residents of Palmetto State can shop a range of D-8 products online safely and discreetly.

No, so far, 15 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington. 

Yes, it is! D-8 is as safe to consume as another hemp cannabinoid. The only danger can come from untested products sold at unlicensed stores like gas stations.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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