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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