South Carolina H 3601: Hemp Derived Canabis
Status: Referred to Committee on Judiciary (as of 2025-01-14)
State: South Carolina · Session: 2025-2026 · Bill: H 3601
Sponsors: Henderson-Myers
Bill Text
2025-2026 Bill 3601 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 3601 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 56 TO TITLE 46 SO AS TO REGULATE THE SALE AND DISTRIBUTION OF PRODUCTS CONTAINING HEMP-DERIVED CANNABINOID. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Title 46 of the S.C. Code is amended by adding: CHAPTER 56 The Sale and Distribution of Products Containing Hemp-Derived Cannabinoid Section 46-56-10. The purpose of this chapter is to regulate the sale and distribution of products containing a hemp-derived cannabinoid. Section 46-56-20. As used in this chapter, unless the context otherwise requires: (1) "Batch" means a single stockkeeping unit with common cannabinoid input or a hemp flower of the same varietal and harvested on the same date manufactured during a defined cycle in such a way that it could be expected to be of a uniform character and should be designated as such. (2) "Department" means the Department of Agriculture. (3) "Hemp-derived cannabinoid": (a) means: (i) a cannabinoid other than delta-9-tetrahydrocannabinol, or anisomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one tenth of one percent; or (ii) a hemp-derived product containing delta-9-tetrahydrocannabinol in a concentration of three tenths of one percent or less on a dry weight basis; (b) includes, but is not limited to: (i) Delta-8-tetrahydrocannabinol; (ii) Delta-10-tetrahydrocannabinol; (iii) Hexahydrocannabinol; (iv) Tetrahydrocannabinol acetate ester (THCo); (v) Tetrahydrocannabiphorol (THCp); (vi) Tetrahydrocannabivarin (THCv); and (vii) Tetrahydrocannabinolic acid (THCa); and (c) does not include: (i) Cannabichromene (CBC/CBCa/CBCv); (ii) Cannabicitran (CBT/CBTa); (iii) Cannabicyclol (CBL/CBLa); (iv) Cannabidiol (CBD/CBDa/CBDv/CBDp); (v) Cannabielsoin (CBE/CBEa); (vi) Cannabigerol (CBG/CBGa/CBGv/CBGm); (vii) Cannabinol (CBN/CBNa); (viii) Cannabivarin (CBV/CBVa); (ix) Hemp-derived feed products; or (x) Hemp-derived fiber, grain, or topical products. (4) "Manufacture" means to compound, blend, extract, infuse, cook, or otherwise make or prepare products containing a hemp-derived cannabinoid, including the processes of extraction, infusion, packaging, repackaging, labeling, and relabeling of products containing a hemp-derived cannabinoid. (5) "Producer" means a person or entity that manufactures hemp-derived cannabinoids or sells products containing hemp-derived cannabinoids to retailers. (6) "Proof of age" means a valid driver's license or other government-issued identification card that contains a photograph of the person and confirms the person's age as twenty-one years of age or older. (7) "Retailer" means a person or entity that sells products containing a hemp-derived cannabinoid for consumption and not for resale. (8) "Serving" means a quantity of a hemp-derived cannabinoid product reasonably suitable for a single person's daily use. (9) "THC" means tetrahydrocannabinol. Section 46-56-30. (A) It is an offense for a person to knowingly sell or distribute a product containing a hemp-derived cannabinoid to a person who is under twenty-one years of age or to purchase a product containing a hemp-derived cannabinoid on behalf of a person who is under twenty-one years of age. (B) It is an offense for a person to knowingly persuade, entice, send, or assist a person who is under twenty-one years of age to purchase, acquire, receive, or attempt to purchase a product containing a hemp-derived cannabinoid. This section does not preclude law enforcement efforts involving: (1) The use of a minor if the minor's parent or legal guardian has consented to this action; or (2) The use of a person under twenty-one years of age who is not a minor if the individual has consented to this action. (C) It is an offense to knowingly distribute samples of products containing a hemp-derived cannabinoid in or on a public street, sidewalk, or park. (D) It is an offense to knowingly sell or distribute a product containing a hemp-derived cannabinoid without having first obtained proof of age from the purchaser or recipient. (E) It is an offense for a person who is under twenty-one years of age to knowingly purchase, possess, or accept receipt of a product containing a hemp-derived cannabinoid or to knowingly present purported proof of age that is false, fraudulent, or not actually that person for the purpose of purchasing or receiving a product containing a hemp-derived cannabinoid. (F) A violation of this subsection is a Class A misdemean
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