As South Carolina lawmakers push forward with legislation targeting hemp-derived THC products, industry stakeholders and dispensary owners are voicing growing concerns over the potential economic and operational impacts. The recent legislative developments underscore the ongoing debate over how best to regulate these products, which have gained popularity in the state despite a complex legal landscape.
Legislative Push for Bans and Regulations
The state House advanced bills aimed at restricting or banning products infused with THC in a move to protect minors and curb recreational use. House Judiciary Chairman Weston Newton, a key sponsor, proposed two options: a total ban and a more lenient version allowing for limited “intoxicating hemp beverages,” which could be sold in licensed stores to adults 21 and over.
“The goal is to prevent these products from falling into the wrong hands, especially children,” Newton stated during a committee meeting. “However, we recognize that a complete ban may not be feasible, so we’re exploring options that balance regulation with personal freedoms.”
A Loophole Created by Federal and State Laws
The legislation surface follows years of ambiguity following the 2018 federal farm bill, which legalized hemp cultivation nationwide. While hemp was defined as containing less than 0.3% delta-9 THC on a dry weight basis, it did not specify limits for THC added to consumables like edibles and drinks. This regulatory gray area led to a proliferation of unregulated hemp products, including gummies, vape cartridges, and infused beverages, many sold at gas stations and convenience stores.
South Carolina’s 2019 law mirrored federal language but left gaps concerning THC derivatives such as delta-8 and delta-10, which some manufacturers exploit to produce psychoactive products. As these products became more widespread, concerns over safety, youth access, and impaired driving mounted.
Industry Pushback and Economic Concerns
At a reception held after the legislative sessions, industry advocates voiced their opposition to outright bans, calling instead for clearer regulations. “Thousands of jobs and millions in revenue are at stake,” said Jud Leggett, owner of High Tide Hemp Co. “A blanket ban would mean shutting down legitimate businesses that have operated responsibly for years.”
Dispensary owners and business leaders warn that such restrictions could lead to significant job losses and economic downturns in the growing hemp sector. Rafael Del La Maza of High Market Organics emphasized that many consumers rely on these products for wellness and medicinal purposes, and a sudden ban could eliminate access altogether.
Balancing Public Safety and Business Freedom
Lawmakers acknowledge the importance of safeguarding minors but remain divided on the extent of regulation needed. Some, like Rep. Kathy Landing, emphasize the importance of keeping THC products out of children’s reach, advocating for restrictions similar to alcohol laws. Others, including Rep. Justin Bamberg, argue that adults should retain the freedom to access hemp-derived THC products, provided proper safeguards are in place.
Legislation currently under debate includes measures to establish testing protocols for THC impairment in drivers, addressing concerns about roadside safety— a significant issue considering South Carolina’s high rate of DUI incidents involving alcohol and drugs.
Looking Ahead: The Shaping Of South Carolina’s Approach To THC
The debate is likely to intensify as bills move through the legislative process. The full THC ban remains contentious, with some lawmakers calling for stricter controls, while others advocate for a well-regulated market that allows adult consumers to access hemp-derived THC products legally.
As these discussions unfold, industry stakeholders are urging lawmakers to consider regulations that protect public safety without stifling economic growth. The outcome will shape South Carolina’s approach to hemp and THC regulation for years to come, balancing public health concerns with the realities of a burgeoning legal industry.
