South Carolina made a step forward by legalizing hemp for commercial use — and a step backward because it banned raw, unprocessed hemp flower. Still, the confusion over the meaning of the word “unprocessed” remains because the law doesn’t explicitly state what activities are covered under it.
Last Update: June 9, 2023
- Under state law (HB 3449) and federal law, hemp flower with less than 0.3% THC is legal in South Carolina.
- The only restriction around hemp flower is that the possession and sale of “raw hemp flower” is prohibited by individuals that don’t hold a license.
- State law doesn’t define the word “unprocessed,” but does clarify that products sold without being in a “marketable form” are banned.
- This likely implies that smokable hemp products with less than 0.3% THC by weight, including pre-rolls and cigarettes are legal in South Carolina.
- CBD oil with less than 0.3% THC is also legal in this state and you buy it without restrictions.
- Growers, processors, distributors and anyone who wants to work with hemp, must obtain a license by the state.
Is Hemp Flower Legal in South Carolina?
South Carolina banned sale and possession of raw CBD flower without a license but the law doesn’t specify if “hemp smokables” are considered raw hemp.
This likely means that smokable hemp products with less than 0.3% THC are legal in South Carolina.
The reason behind the ban is that it’s difficult to physically tell the difference between hemp and marijuana, which causes issues for law enforcement.
Governor Henry McMaster signed the Hemp Farming Act March 2019, which legalized hemp in this state.
Under South Carolina state law: ‘hemp’ or ‘industrial hemp’ means the plant Cannabis sativa L. and any part of that plant, including the nonsterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp .
South Carolina Banned Raw Hemp Flower, Not Hemp Smokables
In July 2019, the South Carolina Attorney General Alan Wilson issued an opinion relating to the Hemp Farming Act, explaining that it’s illegal to possess raw hemp flower without a license in the state.
The opinion states that “the mere possession of raw, unprocessed hemp or not in a finished hemp product without a license is unlawful.”
According to the opinion, the new bill distinguishes the terms “hemp” and “hemp products.” Furthermore, unprocessed or raw hemp plant material is not considered a hemp product because “processing” converts hemp into a “marketable form.”
But, the opinion doesn’t clarify the meaning of the word “unprocessed.”
The opinion doesn’t explain whether or not smokable products such as hemp pre-rolls or cigarettes with less than 0.3% THC are legal in South Carolina.
After all, you can’t smoke raw CBD flower — and hemp flower buds are processed by getting trimmed, dried and cured, and packaged for sale. Hemp smokables are processed even more, which means they are converted into a marketable form.
Where to Buy Hemp Smokeables in South Carolina?
South Carolina banned the consumption of raw hemp flower but didn’t explicitly ban processed hemp smokables. So, you can easily order smokable hemp products online if you live in South Carolina.
South Carolina Smokable Flower for Sale
Before ordering hemp products online, you need to make sure the hemp used to make hemp products comes from a reputable source.
Get non-GMO, pesticide-free hemp smokables made from U.S.A. grown hemp from Mr. Hemp Flower.
To make high-quality hemp products, we work with licensed farmers who have created incredible strains over the years.
Our farmers have more than five years of experience in growing hemp in the best farms in Washington State, Colorado, and Oregon.
High CBD Hemp Smokables
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We deliver your package within 3-5 business days — straight to your door. You don’t have to wait weeks before enjoying your hemp product.
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USPS Allows Shipping Hemp
After the 2018 Farm Bill, hemp is no longer a controlled substance in the U.S. So, USPS allows shipping small quantities of hemp as an agricultural commodity.
To stay compliant with the agency’s rules, we include lab analysis report and notice to law enforcement in each package. These two documents show that you are getting a legal product — smokable hemp with less than 0.3% THC.
Avoid Using Hemp Smokables in Public
Given the prohibition of hemp flower in South Carolina, you should avoid using hemp smokables in public. Although hemp is legal in the U.S., it’s hard for law enforcement to distinguish between hemp and marijuana. So, if you get caught, law enforcement will enforce marijuana laws on you.
Is CBD Legal in South Carolina?
South Carolina allows the sale of hemp-derived CBD under certain circumstances.
Non-Approved Hemp Food Ingredients in SC
- Pure CBD isolate
- “Full-spectrum” whole-plant extract (i.e. hemp oil) if it includes health claims or if bears any sort of declaration of CBD
- Any hemp or hemp-derived product that promotes its medical or health benefits
Approved Hemp Food Ingredients in SC
- Hemp seeds
- Hemp seed protein
- Hemp seed oil
- Hemp leaves and microgreens
- Chopped hemp plant material
- “Full-spectrum” whole-plant extract (i.e., hemp oil) if it contains the naturally occurring array of phytonutrients found in hemp (which include naturally occurring CBD) and if it doesn’t include health claims, and if it does not bear any sort of declaration of CBD.
These allowed hemp items can’t be sold in their raw, unprocessed form, but must be added to a processed hemp product before they are sold.
FAQs on Hemp Flower South Carolina State Laws
How much hemp flower can you purchase at once (or one time) in South Carolina?
South Carolina doesn’t limit the quantity of hemp flower you are allowed to purchase at once or one time.
Do you need a special license to purchase hemp flower in South Carolina?
You need a special license to buy and sell raw, unprocessed hemp in South Carolina. The law doesn’t clarify whether or not smokable hemp products are considered “unprocessed” or what the term “unprocessed” really means. So, it’s unclear if you are allowed to buy smokable flower in SC without a license.
Is it legal to sell hemp flower in South Carolina?
It is legal to sell raw hemp flower in South Carolina only by licensed individuals.
Is CBD from hemp legal in South Carolina?
CBD from hemp is legal in South Carolina under certain circumstances. The state doesn’t allow the sale of hemp CBD in food, as a dietary supplement, or under health claims.
Where can you buy hemp flower in South Carolina?
You can easily order hemp smokables online if you live in South Carolina. We deliver organically-grown hemp flower to your door within 3-5 days after purchase.
Is CBD oil legal in South Carolina?
CBD oil with less than 0.3% THC is legal in all 50 states. South Carolina allows the sale of hemp seed oil and hemp oil if it doesn’t include health claims or bears any sort of declaration of CBD. Hemp seed oil and hemp oil are legal in SC because they are approved as Generally Recognized as Safe (GRAS) by the FDA.