Are THC Drinks Legal in South Carolina?
The ShipSips TeamLast verified October 16, 2026 against the official sources listed at the end of this page. General information, not legal advice.
South Carolina THC drink laws at a glance
| Status | Allowed — few state-specific rules[1][5] |
|---|---|
| THC limit per serving | No mg cap[1][5] |
| THC limit per container | No mg cap; 0.3% delta-9 THC by dry weight[1][5] |
| Minimum age | No state minimum age[7] |
| Where it’s sold | Any retailer[1][5] |
| Online sales and shipping (state rule) | No state rule found[1] |
| Ships from ShipSips | Yes |
| Last verified | October 16, 2026 |
Short answer
Yes. South Carolina has no statute regulating finished hemp-derived THC products. Hemp is defined by the federal 0.3% delta-9 THC dry-weight level, and the state sets no milligram cap, minimum age or retail license. A 2026 bill (H.3924) to regulate hemp drinks was not enacted.[1][5]
South Carolina has no statute regulating finished hemp-derived THC products. The Hemp Farming Act (S.C. Code Title 46 Ch. 55) defines hemp and hemp products by the federal 0.3% delta-9 THC dry-weight level and expressly does not apply to the sale of hemp products. The Attorney General's Sept 16, 2024 opinion concludes non-alcoholic drinks at 0.3% delta-9 THC or less are legal under current law. No state age minimum, milligram cap, license, labeling or shipping rule for hemp THC products was found. The 2025–26 bill H.3924 (age 21, mg caps, licensed channels) died when the House rejected the conference report on June 25, 2026. Caveat: the AG's 2021 opinion treats delta-8 and other non-delta-9 THC isomers as Schedule I, and Schedule I lists 'Tetrahydrocannabinol (THC)' with no hemp carve-out in Title 44 itself.[1][5]
Delta-9 THC drinks in South Carolina: what’s allowed
- Limit per serving: None found in state law (no per-serving mg cap).[1][5]
- Limit per container or package: None found in state law; products must be 'hemp products' at the federally defined level of not more than 0.3% delta-9 THC on a dry weight basis (S.C. Code § 46-55-10(6), (9)).[1][5]
- How THC is counted: Delta-9 THC concentration, 0.3% dry weight basis, 'or the THC concentration for hemp defined in 7 U.S.C. SECTION 5940, whichever is greater' (§ 46-55-10(6)); not total THC.[1][5]
- Delta-8, THCA and other cannabinoids: The AG's Oct 4, 2021 opinion (requested by SLED) agrees that delta-8 THC and other THC isomers are not covered by the Hemp Farming Act and remain Schedule I controlled substances (S.C. Code § 44-53-190(D)(18) lists 'Tetrahydrocannabinol (THC)'). The 2024 opinion addresses only delta-9 at 0.3% or less. Title 44 Ch. 53 contains no hemp exception; the only carve-out is § 46-55-10(11), which says marijuana under § 44-53-110 does not include THC in hemp or hemp products as defined in that chapter.[6]
Age and purchase rules in South Carolina
- Minimum age: None in state law (H.3924's age-21 rule was not enacted). The AG's 2024 opinion was asked whether restrictions on sales to minors exist; no statutory restriction was found.[7]
- Where it can be sold: Any retailer; no state hemp-product retail license or channel restriction found. Title 46 Ch. 55 licenses only cultivating, handling and processing hemp, and does 'not apply to the possession, handling, transport, or sale of hemp products' (§ 46-55-30).[1][5]
- Seller licenses: None found for selling finished hemp products. SC Department of Agriculture hemp licenses cover cultivation/handling/processing (§ 46-55-20). Food-safety oversight of hemp in beverages moved from DHEC/DPH to the SC Department of Agriculture on July 1, 2024 (DPH page); no SCDA product registration rule was checked.[1][5]
- Online sales, shipping and delivery: No South Carolina law found that bans or restricts direct-to-consumer shipment of hemp products. 'Commercial sales' in the Hemp Farming Act is defined to include online sales (§ 46-55-10(2)), but the chapter does not apply to the sale of hemp products (§ 46-55-30).[1]
How the federal hemp rule affects South Carolina
Federal law is a separate layer on top of South Carolina law. A federal law signed November 12, 2025 rewrites the federal definition of hemp so that finished products may contain no more than 0.4 milligrams of total THC per container. A second law signed September 2, 2026 delays most of that change until December 11, 2026; until then it applies only to products made with cannabinoids the cannabis plant can’t produce naturally. Follow the dates on our federal hemp rule tracker.[F1][F2]
Pending bills and local rules in South Carolina
- No live bill found. H.3924 (age 21, 10 mg/serving caps, liquor-store channel, 5 mg/12 oz beverages elsewhere) died June 25, 2026 when the House rejected the conference report. Watch the 2027 session for a refiled version.[3]
- Local rules: No city/county hemp THC ordinances were checked on official sites. Not verified.
Does ShipSips ship to South Carolina?
Yes. South Carolina is on our current shipping list, for adults 21 and over. Checkout confirms every address against that list. Every product links its lab report on the lab results page.
Shop THC drinks shipping to South Carolina Browse 5–15mg THC drinks
South Carolina THC drink FAQ
Is delta-9 THC legal in South Carolina?
Yes. South Carolina has no statute regulating finished hemp-derived THC products. Hemp is defined by the federal 0.3% delta-9 THC dry-weight level, and the state sets no milligram cap, minimum age or retail license. A 2026 bill (H.3924) to regulate hemp drinks was not enacted.
Does South Carolina law allow online sales or shipping of THC drinks?
No South Carolina law found that bans or restricts direct-to-consumer shipment of hemp products. 'Commercial sales' in the Hemp Farming Act is defined to include online sales (§ 46-55-10(2)), but the chapter does not apply to the sale of hemp products (§ 46-55-30).
What is the THC limit for drinks in South Carolina?
Per serving: None found in state law (no per-serving mg cap). Per container or package: None found in state law; products must be 'hemp products' at the federally defined level of not more than 0.3% delta-9 THC on a dry weight basis (S.C. Code § 46-55-10(6), (9)).
What is the minimum age for THC drinks in South Carolina?
None in state law (H.3924's age-21 rule was not enacted). The AG's 2024 opinion was asked whether restrictions on sales to minors exist; no statutory restriction was found.
What changes for South Carolina with the federal hemp rule?
The federal cap of 0.4 milligrams of total THC per container is scheduled to apply to most hemp products from December 11, 2026, on top of South Carolina law. See the federal hemp rule tracker for the latest dates.
What changed and when
- March 28, 2019: Hemp Farming Act (2019 Act No. 14, H.3449) effective — current Title 46 Ch. 55 definitions[1]
- October 4, 2021: AG opinion to SLED: delta-8 and other THC isomers not legalized by the Hemp Farming Act
- September 16, 2024: AG opinion to House Speaker: non-alcoholic drinks with 0.3% or less delta-9 THC are legal under current law[5]
- June 25, 2026: H.3924 conference report rejected by the House (Yeas 28, Nays 69) — bill not enacted[3]
What we couldn’t confirm
- That the legislature will not return to take up hemp bills before January 2027; this comes from news reports.
- Whether the state Department of Agriculture requires registration for hemp-infused food or drinks.
THC drink laws in states near South Carolina
Sources
Official sources first. Each was checked on the date shown.
- S.C. Code Title 46 Ch. 55 (Hemp Farming Act) (official; checked October 16, 2026)
- S.C. Code Title 44 Ch. 53 (controlled substances; § 44-53-190 Schedule I) (official; checked October 16, 2026)
- H.3924 (2025–2026) bill history (official; checked October 16, 2026)
- H.3924 (2025–2026) bill text (official; checked October 16, 2026)
- SC Attorney General opinion, Sept 16, 2024 (THC-infused non-alcoholic beverages) (official; checked October 16, 2026)
- SC Attorney General opinion, Oct 4, 2021 (delta-8 and THC isomers) (official; checked October 16, 2026)
- SC Department of Public Health — Hemp in Beverages (official; checked October 16, 2026)
- SC Daily Gazette, Aug 17, 2026 — THC bill won't be revived this year (secondary, for context only; checked October 16, 2026)
- The Current, June 27, 2026 — THC hemp products remain legal for all in SC (secondary, for context only; checked October 16, 2026)
- [F1] Public Law 119-37, div. B, sec. 781 (Nov. 12, 2025): new federal hemp definition, 0.4 mg total THC per container (official; checked October 16, 2026)
- [F2] Public Law 119-103, sec. 2019 (Sept. 2, 2026): delays most of sec. 781 until Dec. 11, 2026 (official; checked October 16, 2026)
General information, not legal advice. Hemp laws change often; check the official sources above and your local rules. ShipSips sells only to adults 21 and over.
