Delta 8 THC is illegal in South Carolina. When the state passed South Carolina House Bill 3449, it initially aligned its laws with the federal government and also allowed delta 8. But in 2021, Attorney General Alan Wilson’s statement caused confusion among interested parties, from businesses in the hemp industry to consumers, when he essentially declared delta 8 THC illegal in the state.

In this guide, we’ll be looking at the laws surrounding delta 8 THC in South Carolina, as well as how you can stay safe when purchasing the cannabinoid.

Is Delta 8 Legal in South Carolina?

No, delta 8 THC is illegal in the state of South Carolina. 

The state’s Hemp Farming Act initially aligned with the 2018 Farm Bill, which made hemp products federally legal in all 50 states. This federal bill removed industrial hemp, defined as hemp plant (Cannabis Sativa L) with no more than 0.3% delta 9 THC, from the illegal substance list, its legalization making hemp an agricultural commodity similar to crops and livestock.

Simply put, all parts of the raw plant material now have a legal status, from its flowers, stems, leaves, fibers, and non-sterilized hemp seeds to its cannabinoids, derivatives, acids, and isomers, among others. This means processing hemp plants, distribution, and commercial sale are now legal, so long as the products ensure compliance with the laws and meet the federally defined THC level of no more than 0.3% on a dry weight basis.

If hemp products contain more than the legal THC concentration, then it’s considered marijuana, which is federally illegal. Despite research studies, federal laws state marijuana has no approved medical value.

The 2018 Farm Bill also created a loophole that technically made intoxicating or psychoactive cannabinoids derived from hemp legal. This includes delta 8, delta 10, and similar compounds. You’ll find such products in various forms, from oils and vapes to gummies and flowers.

Hemp products with delta 8 became widely available in the US, especially in non-legal states. But due to the lack of proper regulation, testing and labeling standards, and the proliferation of substandard, untested products, many states started tightly regulating or even banning delta 8 THC. Some have also even prohibited its addition to food intended for animal or human consumption.

Delta 8 used to be easily accessible in South Carolina. But in 2021, Attorney General Alan Wilson issued a statement that made delta 8 THC and similar compounds illegal under state laws. Law enforcement agencies cracked down on delta 8 products across the states. The Columbia Police Department, for example, sent letters to retailers within the city that informed them of delta 8’s illegal status.

As of this writing, delta 8 THC is considered illegal and a controlled substance in the state of South Carolina, regardless of the source.

Where to Buy Delta 8 THC in South Carolina

Delta 8 THC is legal under federal law but is banned in the state of South Carolina. You’ll still find some shops selling delta 8, but buying could lead you to problems with the law.

If you live in a delta-8 friendly state, you will find delta 8 THC products available in select health stores, dispensaries, and even some big box stores. However, the best way to buy delta 8 THC is online.

When you shop for delta 8 THC online, it allows you to take an in-depth look into the company, their products, and their third-party lab results for their delta 8 products.

Any reputable company sends their delta 8 THC products off for third-party testing. In testing, the laboratory will analyze the extracts to see how much delta 8 THC is present and if any other cannabinoids, terpenes, or harmful chemicals are present.

We should point out that all our products come with an extensive range of third-party lab tests you should expect to see from a reputable manufacturer.

The benefits of ordering delta 8 THC online:

• Online shops have better pricing and seasonal discounts
• When you buy online you can read customer reviews & third-party tests before you buy
• Ordering online is easier and more convenient
• Online shops have a greater selection of products, including but not limited to oils, vapes, gummies, and even personal care products
• Products left on store shelves degrade more quickly

Shop For the Best Delta 8 THC Products in South Carolina

Do I Need A Medical Card in South Carolina To Order Delta 8 THC?

Delta 8 isn’t legal in South Carolina. But if you reside in a state where delta 8 is allowed, then no; you don’t need a medical card to purchase delta 8 THC online or from a store.

South Carolina has one of the most restrictive marijuana laws in the country, where simple possession could get you 30 days in jail and a fine of $200.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

Tetrahydrocannabinol (THC) is a psychoactive cannabinoid found in hemp and marijuana. The active cannabinoid in marijuana that is currently banned federally is delta 9 THC. So, what’s the difference between delta 8 and delta 9 THC?

Delta 8 and delta 9 THC are very similar, but legally, delta 8 doesn’t carry the same meaning as delta 9. They are different by law, wherein delta 8 is federally legal, while delta 9 is not. On a molecular level, the only thing that divides these cannabinoids physically is a double bond in their chemical structure.

This double bond separates both cannabinoids by law and affects the experience of each compound. Both types of THC are psychoactive. However, delta 8 THC is less intense than delta 9 THC.

Both cannabinoids interact with the same receptors, and the impairing effects are similar, but delta 8 THC is considered mellower and less likely to lead to negative psychological symptoms like anxiousness or paranoia.

When delta 8 THC is consumed, the user will benefit from the relaxing effects of THC without some of the negative side effects associated with delta 9 THC, like feelings of anxiousness, paranoia, and hyperstimulation.

This makes it perfect for people that want to use the cannabinoid for its therapeutic value but are perhaps sensitive to the delta 9 THC found in marijuana.

How to Use Delta 8 THC

Delta 8 THC can be used in many ways. As with other hemp-derived cannabinoid extractions such as CBD, there are many different consumption methods available.

You’ll find delta 8 THC infused into edibles and tinctures, concealed in pill-shaped capsules and in vape liquids that can be used in vape pens.

There’s no wrong or right way to use delta 8 THC, and the consumption format that works best for you will ultimately come down to the effects you’re looking for and your personal preferences.

In this section, we’ll go over four of the most popular consumption formats, so you can get an idea of how each one works.

Delta 8 THC Edibles

Delta 8 THC edibles combine delta 8 extract with edible candy — usually in the form of gummies.

Each edible has a measured dose of delta 8 THC and can be consumed the same way you would with any other food. They’re great for people looking for a simple and easy way to consume the cannabinoid without vaping, using tinctures, or swallowing a pill.

The delta 8 THC present in edibles must pass through the digestive tract to be absorbed. This means the bioavailability of the cannabinoid is reduced. As a result, onset times for effects are slower than some other methods on this list, but the effects are prolonged once they kick in.

Delta 8 THC Capsules

Delta 8 THC capsules are similar to edibles in terms of bioavailability, onset times, and affect longevity. However, they can be easily swallowed with water rather than chewed and eaten like edible gummy candies.

Capsules are great for people that want a discreet, simple, and accurate way to consume delta 8 THC. They provide a tasteless way to consume the cannabinoid that’s as easy as swallowing any other vitamin or medication.

Delta 8 THC Tinctures

Delta 8 THC tinctures combine delta 8 THC extract with a carrier liquid (usually high-proof alcohol).

Unlike the last two consumption methods, tinctures don’t need to pass through the digestive system to work. At Area 52, we use MCT oil in our delicious tinctures, so small amounts of the tincture are placed under the tongue using a dropper.

This means increased bioavailability, so a faster and more sustained onset of effects. Tinctures are perfect if you’re looking for a flexible way to consume delta 8 THC. Adjusting the dose is as easy as adding more or fewer drops of tincture under the tongue.

Delta 8 THC Vape Pens

Vaping delta 8 THC is the most bioavailable way to consume this cannabinoid. When delta 8 THC extract is mixed with propylene glycol and vegetable glycerin, it can be heated up into vapor and inhaled using a vape pen.

When the cannabinoid is used this way, it’s absorbed in the lungs via the alveoli. The onset of effects is almost instant, so vape pens are great if you’re looking for fast relief.

Due to this heightened bioavailability, the effects can be more intense, but they don’t last as long as edibles, capsules, or tinctures.

What About Delta 10 THC?

Delta 10 THC falls under the same laws as delta 8 THC and CBD. It’s a hemp derivative and is legal federally under the 2018 Farm Bill.

However, delta 10 THC is also subject to the same South Carolina laws that outlaw delta 8 THC. As such, the production, sale, and consumption of delta 10 THC is also illegal in the state.

Is Marijuana (Delta 9 THC) Legal In South Carolina?

South Carolina maintains a strict stance on marijuana. This herb and all its extracts are strictly banned for sale, possession, and consumption.

Related: Where is marijuana legal in the United States?

What’s The Future of Delta 8 THC in South Carolina?

Delta 8 THC is completely legal under federal law, but not in South Carolina. The state’s lawmakers and law enforcers consider delta 8 and similar compounds illegal.

In terms of cannabis, it’s still federally illegal, and South Carolina has not yet made it legal for medical or recreational use. However, a bill in the works aims to legalize marijuana for medical use in the state.

We can expect to see the cannabis laws in South Carolina and America become more relaxed in the near future. But, for now, delta 8 THC is prohibited in SC.

FAQs on Delta 8 and Other Cannabinoids in South Carolina

This short list of commonly asked questions is for general informational purposes only and does not serve as legal advice. That said, always check your local laws before buying products containing THC in South Carolina.

1. Is Delta-8 THC Legal in the US?

Yes, delta 8 THC is technically legal in the US, after the 2018 Farm Bill legalized industrial hemp and all its parts. However, not all states allow the use of intoxicating cannabinoids derived from hemp, so before making a purchase, make sure to check your local laws to avoid problems with the law.

2. Is Delta-8 Legal in South Carolina in 2025?

Unfortunately, no. The state’s attorney general explicitly stated that delta 8 THC and similar compounds are considered illegal and controlled substances in South Carolina.

3. Is Delta 9 Legal in South Carolina?

It depends on the source. Delta 9 derived from hemp is legal, so long as it doesn’t exceed 0.3%. However, marijuana-derived delta 9 THC is illegal in the state. Of note, the state has no medical and recreational marijuana laws set in place.

4. What Type of THC is Legal in South Carolina?

Hemp-derived THC is the only legal THC in South Carolina. However, for it to be legal, its concentration must not exceed 0.3%.

5. Is It Legal to Buy THCA in South Carolina?

It depends on the source. THCA (tetrahydrocannabinolic acid) is legal if it’s sourced from industrial hemp with a total THC level of no more than 0.3%. Marijuana-derived THCA remains illegal.