South Carolina H 3935: Hemp-Derived Consumables

Bill Text

2025-2026 Bill 3935 Text of Previous Version (Feb. 06, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3935

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 enacting the "consumable 
hemp licensing and regulation act" by ADDING CHAPTER 81 TO TITLE 39 SO AS TO provide 
for the licensing and regulation of hemp-derived consumables, among other 
things.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Consumable Hemp Licensing and Regulation 
Act." The purpose of this chapter is to provide for the licensing and 
regulation of hemp-derived consumables.

SECTION 
2.A. Title 39 of the S.C. Code is amended by 
adding:

CHAPTER 81

Hemp-Derived Consumable Products

 Section 
39-81-10. As used in this chapter:

 (1) 
"Batch" means:

 (a) 
a specific quantity of hemp plants that are cultivated from the same seed or 
plant stock, are cultivated together, are intended to be harvested together, 
and receive an identical propagation and cultivation treatment;

 (b) 
a specific quantity of hemp flower that is harvested together; is uniform and 
is intended to meet specifications for identification, strength, purity, and 
composition; and receives identical sorting, drying, curing, and storage 
treatment; or

 (c) 
a specific quantity of hemp-derived consumable product that is manufactured at 
the same time and using the same methods, equipment, and ingredients that is 
uniform and intended to meet specifications for identification, strength, 
purity, and composition, and that is manufactured, packaged, and labeled 
according to a single-batch production record executed and documented.

 (2) "Batch 
number" means a unique numeric or alphanumeric identifier assigned to a batch 
of hemp plants or hemp-derived consumable products.

 (3) 
"Business" means any of the following licensed under this chapter:

 (a) 
hemp-derived consumable product distributor;

 (b) 
hemp-derived consumable product retailer;

 (c) 
hemp-derived consumable product manufacturer; and

 (d) 
hemp producer.

 (4) 
"Counter" means the point of purchase at a retail establishment or in an area 
of the retail establishment that is inaccessible to the customer.

 (5) 
"Department" means the South Carolina Department of Agriculture.

 (6) 
"Distributor" means a person or entity that purchases hemp-derived consumable 
products from manufacturers and sells them to retailers. 

 (7) 
"Franchise" means a written or oral arrangement for a definite or indefinite 
period, in which a person grants to another person a license to use a trade 
name, trademark, service mark, or related characteristic, and in which there is 
a community of interest in the marketing of goods or services at wholesale, 
retail, by lease, agreement, or otherwise including, but not limited to, a 
commercial relationship of definite duration or continuing indefinite duration, 
between a hemp-derived consumable beverage product manufacturer and a 
hemp-derived consumable product distributor, and wherein a hemp-derived 
consumable product distributor is granted the right to offer, sell, and 
distribute within this State or any designated area thereof some or all of the 
hemp-derived consumable product manufacturer's hemp-derived consumable products 
to hemp-derived consumable product retailers.

 (8) "Food 
service establishment" means an establishment where food is prepared and served 
on premise.

 (9) "Hemp" 
means: the plant Cannabis sativa L. and any part of that plant, including the 
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, 
salts, and salts of isomers, whether growing or not, with a delta-9 
tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight 
basis.

 (10) "Hemp-derived 
cannabinoid" means any cannabinoid derived from a compound found in hemp 
including, but not limited to, delta-9 tetrahydrocannabinol (delta-9 THC), 
tetrahydrocannabinolic acid (THCA), cannabidiol (CBD), cannabidiolic acid 
(CBDA), cannabinol (CBN), cannabigerol (CBG), cannabicrhomene (CBC) 
cannabicycol (CBL), cannabivarin (CBV), tetrahydrocannabivarin (THCV), 
cannabidivarin (CBDV), cannabicitran (CBT), delta-7 tetraydrocannabinol 
(delta-7 THC), delta-8 tetrahydrocannabinol (delta-8 THC), delta-10 
tetrahydrocannabinol (delta-10 THC), or hexahydrocannabinol (HHC). This term 
also includes any synthetic cannabinoid derived from hemp and contained in a 
hemp-derived consumable product.

 (11) "Hemp-derived 
consumable product" means a hemp product that is a finished good intended for 
human ingestion or inhalation that contains a delta-9 THC concentration of not 
more than three-tenths of one percent (0.3%) on a dry weight basis but may 
contain concentrations of other hemp-derived cannabi