South Carolina Attorney General Confirms Legality of Hemp-Derived THC Beverages

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South Carolina Attorney General Alan Wilson’s office has confirmed that non-alcoholic beverages infused with hemp-derived delta-9 THC are legal under the 2018 Farm Bill.

Despite this, Wilson says the state cannot issue a blanket determination on the legality of all THC-infused beverages, meaning each drink must be evaluated on a case-by-case basis.

State Solicitor General Robert Cook, in a letter to South Carolina House Speaker D. Murrell Smith Jr., noted that after reviewing federal and state laws, as well as relevant case law, he concluded that beverages meeting the standards of the 2018 Farm Bill are legal. This was first reported by Cannabis Business Times .

The 2018 Farm Bill defines hemp as any cannabis plant or derivative containing no more than 0.3% delta-9 THC on a dry-weight basis. Cook stated, “Any drink which meets this requirement is legal.”

South Carolina’s Hemp Farming Act, signed by Gov. Henry McMaster in March 2019, prohibits cultivating, handling, or processing hemp without a state-issued hemp license.

An opinion from the Attorney General’s office in October 2021 affirmed that the legality of hemp products hinges on the federally defined THC level. Cook further clarified that while THC-infused beverages fall under the scope of this legislation, it was not the primary intent of lawmakers.

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