South Carolina Medical Cannabis and Hemp-Derived Cannabinoid Legislative Update

By David M. Ullian

Mar 5, 2025

After failing to pass a bill last year, the South Carolina Legislature will yet again consider a bill that would establish a regulated medical cannabis program in the state. In addition, several bills have recently been filed that would officially regulate consumable products containing hemp-derived cannabinoids, including beverages containing intoxicating hemp-derived Delta-9 THC that have become increasingly popular and accessible in South Carolina.

Medical Cannabis Bill "The South Carolina Compassionate Care Act" Filed in the Senate

In December of 2024, S. 53, known as The South Carolina Compassionate Care Act was filed in the state Senate by Republican State Senator Tom Davis, and the bill was referred to the Senate Committee on Medical Affairs on January 14, 2025.

If enacted into law, the Compassionate Care Act would allow physician-certified patients suffering from a variety of debilitating medical conditions to purchase up to a 14-day supply of infused and extracted cannabis products from licensed therapeutic cannabis pharmacies for medical use.

The state Department of Public Health (DPH) and the Board of Pharmacy would be responsible for regulating and issuing licenses to operate medical cannabis establishments. A limited number of licenses of each license type would be available to applicants, including:

15 cultivation center licenses

30 processing facility licenses

No more than 3 therapeutic cannabis pharmacy licenses in any single county

4 transporter licenses

Up to 5 independent testing laboratories

The bill would also allow for integrated operator licenses that authorize more than one type of operation, as well as research facility licenses.

Once the law goes into effect, DPH would be required to promulgate regulations for licensing and operations within one year, begin accepting applications for licensure within 30 days after the regulations become effective, and issue licenses within 6 months.

With a population of over five million in the state and a range of qualifying debilitating medical conditions and operational license types, including dozens of cannabis pharmacy licenses, under the proposed Compassionate Care Act, numerous opportunities would be available for those interested in participating in this new market in the Southeast.

Public support for legal access to regulated medical cannabis in the Palmetto State is stronger than ever. According to a Mason-Dixon Polling & Strategy poll conducted in March 2024, an overwhelming 83% of registered voters in South Carolina support medical cannabis legalization, including 74% of Republicans.

A prior medical cannabis legalization bill similar to S. 53 passed the South Carolina Senate in February 2024 before stalling in the state House of Representatives, and it is unclear if and when a version of the Compassionate Care Act will ultimately be enacted into law. What is clear, however, is that the people of South Carolina strongly support the therapeutic use of cannabis and have been patiently waiting for years to access regulated and tested cannabis to treat the symptoms of their medical conditions. The enactment of the Compassionate Care Act would finally allow them to do so legally and responsibly.

Bills Filed to Regulate Hemp-Derived Cannabinoid Products

In addition to the Compassionate Care Act, several bills were recently filed that would officially regulate consumable products containing hemp-derived cannabinoids, including beverages containing intoxicating hemp-derived Delta-9 THC that have become increasingly popular and accessible in South Carolina. These bills aim to ensure consumer safety and prevent use by minors, while supporting the growth of the state's legal hemp industry.

One bill, H. 3924, was introduced in the state House of Representatives on February 6, 2025, by numerous sponsors before being referred to the House Committee on Judiciary. Key provisions of the hemp legislation include the following:

Definition of "Hemp-Derived Consumables"

The bill defines "hemp-derived consumable" as a "finished good intended for human ingestion made from a cannabinoid that is naturally occurring in the hemp plant that has been extracted or purified from an agricultural product without chemical alteration." A legal "hemp-derived consumable" may not contain chemically-derived cannabinoids, including the following:

Hexahydrocannabinol (HHC)

Tetrahydrocannabinol acetate ester (THCo)

Tetrahydrocannabiphorol (THCp)

Delta-8-Tetrahydrocannabinol

Delta-10-Tetrahydrocannabinol

Delta-4-Tetrahydrocannabinol

Delta-11-Tetrahydrocannabinol

Delta-6a10a-Tetrahydrocannabinol

Hehahydrocannabinol Acetate (HHC-O)

Delta-9-Tetrahydrocannabiphorol

Delta-9-Tetrahydrocannabihexol

Delta-9-Tetrahydrocannabinol-octyl

Delta-9-Tetrahydrocannabinol methyl ether (THC-M)

Delta-8-Tetrahydrocannabinol-octyl

Delta-7-Tetrahydrocannabinol.

Cannabinoid Content and Product Form Restrictions

The bill stipulates that a hemp-derived consumable product cannot contain more than 0.5 mg of Delta-9 THC per serving, and a single serving cannot exceed 25 mg of hemp-derived cannabinoids in total. In addition, products cannot be in a form or have a design that appeals primarily to individuals under 21.

Licensing, Consumption and Age Requirements for Retail Sales

According to the bill, persons or entities wanting to engage in the retail sale of hemp-derived consumables must hold a valid state off-premises beer and wine permit or a retail liquor store license, and cannot make such products available for on-premises consumption. Sales of hemp-derived consumables to individuals under 21 years of age would be prohibited.

As we have seen with hemp product legislation adopted or proposed in other jurisdictions in the United States, H. 3924 represents a significant step in regulating the consumable hemp industry in South Carolina. By establishing clear requirements and restrictions for the sale and distribution of these legal products, the Palmetto State seeks to implement a commonsense regulatory framework that balances the growth and stability of the legal hemp industry with consumer safety.

As the Compassionate Care Act and H. 3924 progress through the legislative process, it is important for stakeholders to stay informed and engaged.

If you have any questions or would like to schedule a call to discuss marijuana or hemp developments in South Carolina, please contact David M. Ullian at d.ullian@vicentellp.com or 617-752-7148.