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Is Delta-8 THC legal in SC?

Delta-8 appears to be legal in South Carolina according to the Farm Bill and state law. Keep reading for more information about Delta-8 THC and the Palmetto State. Did you know that  industrial hemp cultivation in South Carolina dates back to at least the 18th century? Click here to order premium Delta-8 from Earthy Select

What is Delta 8?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which means it is one of the many substances that comes from the cannabis plant, or hemp plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system (ECS). 

​​Scientists are still actively studying the ECS, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1]. 

Delta-8 is a very popular THC product used for therapeutic and personal enjoyment. It is similar to Delta-9 THC which will be discussed later. Most states including South Carolina are onboard with legal hemp products like Delta-8. 

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. Hemp is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal use [2]. It is refined and used in a very wide range of consumable and commercial products. Because of its relation to marijuana, coming from the same cannabis plants, hemp has faced uneven legality in the U.S. and other countries, despite being a sustainable powerhouse of a resource. 

2018 Farm Bill (see next section) established new legal definitions and rules for hemp, including that hemp and “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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be legally used for production, sales, transport, and use. 

Hemp and hemp derivatives include many cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are allowed by the federal government for use in inhalable, edible, and topical products.

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Why is Delta-8 THC federally legal?

For many years in the U.S., cannabis was illegal whether or not it contained THC, its main psychoactive chemical that occurs naturally in the plant. In the 2010s, the United States Congress enacted two groundbreaking pieces of legislation, called “Agricultural Acts” and commonly known as the Farm Bills. 

The 2014 Farm Bill removed hemp as a controlled substance from the Schedule 1 list, and was the seed of hemp’s recent resurgence. The Bill allowed long-forbidden research into hemp-derived cannabinoids to begin in earnest. The 2018 Farm Bill expanded on this, allowing people to produce, sell, and consume hemp-derived products, making it clear to legal experts that all other plant materials and substances derived from legally-defined hemp are also federally-compliant [3]. 

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC are all naturally occurring cannabinoids, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the industrial hemp plant, and it is the main psychoactive substance in cannabis. 

The molecules that make these three types of THC are very similar in form, but a small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [4].

Where can I buy Delta-8 in South Carolina?

In South Carolina, Delta-8 is commonly available in shops and stores from Walhalla to Hilton Head to Myrtle Beach. A better alternative for most people is to use the easy convenience of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide. 

Where is Delta-8 Legal? 

To learn about South Carolina’s neighboring states, read Is Delta-8 Legal in Georgia?, and Is Delta-8 Legal in North Carolina? For all 50 states, check out Is Delta-8 Legal in Your State? 

South Carolina Delta-8 THC Laws

South Carolina has a long history with cannabis. In 1733, the colony passed an act was passed to encourage the growth of hemp for its manufacturing use by the British Navy [5].

South Carolina’s 2017 H 3559 established a hemp program and adopted federal law definitions of hemp, allowing hemp and hemp-derived products with less than .3% Delta-9 THC, and removing them from controlled substances lists. 

Delta 8 in South Carolina: Charleston street scene

2019’s H 3449 added regulations for hemp producers in South Carolina. Given these facts, it is odd that in late 2021, the state’s attorney general released a non-legally binding opinion letter making a claim that Delta-8 is illegal. The attorney general was issued a statement from cannabis law experts with the position that Delta-8 is legal, but was evidently not convinced. Hemp industry insiders report Delta-8 production is happening in South Carolina and think the state is poised to embrace and legalize Delta-8 soon. 

What is the South Carolina Compassionate Care Act?

The South Carolina Compassionate Care Act is bill S 150 in South Carolina legislature, launched in 2020. If passed, it would legalize medical marijuana for the state and allow cardholders to purchase cannabis sold by a dispensary. 

Is recreational marijuana legal in South Carolina? 

No, it is not legal in South Carolina and a first offense of possession of a small amount of marijuana is a misdemeanor [6].

Closing thoughts on Delta-8 in South Carolina

South Carolinians love Delta-8 are using it under state and federal law. For the best products out there, ordering from Earthy Select is the way to go. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide! 

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.


  1. Wikipedia: Endocannabinoid System
  2. Wikipedia: Hemp
  3. HIA Position Statement on Delta-8 and Hemp Cannabinoids
  4. Delta-8 and Delta-9: Oral and Intravenous Comparison
  5. Wikipedia: Cannabis In South Carolina
  6. NORML: South Carolina Penalties

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Frequently Asked Questions

Yes, just like Delta-8, a hemp product like Delta-10 that is sourced from hemp which has less than .3% THC by dry weight, is allowed according to the 2018 federal Farm Bill.

Yes, just like Delta-8, hemp products like CBD that are sourced from hemp plants with less than .3% THC by dry weight, are allowed according to the 2018 federal Farm Bill.

Federally compliant means that something, like hemp, complies with federal regulations so it is legal under federal rules anywhere in the country. States may have localized rules that can say something is not compliant with state laws, even though it is compliant with federal law.

There is no exact answer since everyone is different. Delta-8 THC effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if it’s only used once or twice. If used routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.