South Carolina H 4004: Physician Orders for Scope of Treatment (POST) Act

Bill Text

2025-2026 Bill 4004 Text of Previous Version (Feb. 13, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4004

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 DISTRIBUTION AND SALE OF 
NONALCOHOLIC HEMP-DERIVED BEVERAGES, AMONG OTHER THINGS.

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 
Distribution and Sale of Nonalcoholic Hemp-Derived Beverages

Article 1

General 
Provisions

 Section 
46-56-10. The purpose of this chapter is to regulate the distribution, sale, 
and marketing of nonalcoholic beverages containing hemp-derived 
tetrahydrocannabinol (THC) with concentrations of delta-9 THC of not more than 
0.3 percent on a dry weight basis. Nothing in this chapter prevents the lawful 
cultivation of hemp as defined in Chapter 55, Title 46.

 Section 
46-56-20. As used in this chapter:

 (1) "Batch" means a single stock-keeping 
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 South 
Carolina Department of Agriculture.

 (3) "Department of Revenue" means the 
South Carolina Department of Revenue.

 (4) "Hemp-derived cannabinoid" means a 
hemp-derived product containing delta-9-tetrahydrocannabinol in a concentration 
of three tenths of one percent or less on a dry weight basis.

 (5) "Hemp-derived beverage" means:

 (a) a nonalcoholic beverage containing 
hemp-derived tetrahydrocannabinol (THC) with concentrations of delta-9 THC of 
not more than 0.3 percent on a dry weight basis;

 (b) served in a closed can containing 
twelve fluid ounces or less;

 (c) contains no more than 10 milligrams 
(mg) of hemp-derived tetrahydrocannabinol (THC) with concentrations of delta-9 
THC of not more than 0.3 percent on a dry weight basis per twelve ounce 
serving; and

 (d) the hemp-derived ingredients within 
a hemp-derived beverage only consists of the following: (1) delta-9 THC of not 
more than 0.3 percent on a dry weight basis; and (2) Cannabidiol (CBD).

 (6) "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.

 (7) "Producer" means a manufacturer, 
bottler, or importer of hemp-derived beverages into the United States.

 (8) "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.

 (9) "Retailer" means a person or entity 
that sells hemp-derived beverages for consumption and not for resale.

 (10) "Retail establishment" means a 
place of business open to the general public for the sale of goods or services.

 (11) "Serving" means a hemp-derived 
beverage containing twelve fluid ounces or less.

 (12) "SLED" means the South Carolina Law 
Enforcement Division.

 (13) "THC" means tetrahydrocannabinol.

 (14) "Wholesaler" means a person who 
purchases, acquires, or imports from outside this State or who purchases or 
acquires from a manufacturer or producer in the State hemp-derived beverages 
for resale.

 Section 
46-56-30. (A) The functions, 
duties, and powers set forth in this title are vested in the department and SLED. 
The department must administer the provisions of this chapter, and SLED must 
enforce the provisions of this title.

 (B) SLED must enforce this chapter in a 
manner that may reasonably be expected, and must conduct random, unannounced 
inspections at locations where such products are sold or distributed to ensure 
compliance with this chapter.

 (C) SLED must submit an annual report 
to the General Assembly describing in detail SLED's enforcement efforts under 
this chapter. The report also must be published and made available to the 
public on SLED's website.

 (D) The Department of Revenue must 
administer the provisions of this chapter related to the taxation of 
hemp-derived beverages.

 Section 
46-56-40. The department and SLED must employ personnel necessary to 
administer and enforce the laws and regulations governing hemp-derived 
beverages. Salaries of these personnel must be set by the department and SLED, 
as applicable.

 Section 
46-56-50. The department and SLED are authorized to 
promulgate regulations necessary to carry out the duties imposed upon them by 
law for the proper administration and enforcement of, and con