South Carolina H 5667: Apothecary Retailer Act

Bill Text

2025-2026 Bill 5667 Text of Previous Version (May. 06, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5667

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 "APOTHECARY RETAILER ACT" BY ADDING 
CHAPTER 140 TO TITLE 44 SO AS TO REGULATE THE SALE OF CERTAIN HEMP-DERIVED 
CANNABINOID PRODUCTS, SMOKING CESSATION PRODUCTS, AND WELLNESS PRODUCTS THROUGH 
THE USE OF LICENSED APOTHECARY RETAILERS; TO ESTABLISH AGE AND OTHER 
RESTRICTIONS APPLICABLE TO THE SALE OF COVERED PRODUCTS; TO EXEMPT APOTHECARY 
RETAILERS AND COVERED PRODUCTS FROM REGULATION PURSUANT TO TITLE 61; TO REQUIRE 
THE DEPARTMENT OF REVENUE TO ESTABLISH AND ISSUE APOTHECARY RETAILER LICENSES, 
TO PROMULGATE REGULATIONS, AND TO ENFORCE THE PROVISIONS OF THE CHAPTER; AND 
FOR OTHER PURPOSES.

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

SECTION 1. This act may be cited as the "Apothecary Retailer Act."

SECTION 2. The General Assembly finds all of the following:

 (A) There is a 
need to establish a controlled, regulated retail environment for products 
intended as alternatives to traditional tobacco and alcohol use, including 
smoking cessation and wellness-oriented products.

 (B) Consumers are 
increasingly seeking health-focused alternatives, including nicotine 
replacement, vapor products, hemp-derived cannabinoid products, and other 
plant-based wellness products.

 (C) Existing 
regulatory frameworks do not adequately distinguish between general retail 
environments, alcohol-regulated establishments, or controlled-access specialty 
retailers.

 (D) A dedicated 
retail category will promote public health and consumer safety, ensure 
age-restricted access and compliance, and support South Carolina small 
businesses, including veteran-owned operations.

SECTION 3. Title 44 of the S.C. Code is amended by adding:

CHAPTER 140

Apothecary Retailers

 Section 
44-140-10. For purposes of this chapter:

 (1) 
"Apothecary retailer" means a retail establishment licensed by the Department 
of Revenue to sell regulated wellness and alternative products in a controlled, 
age-restricted environment.

 (2) 
"Covered product" means any of the following:

 (a) 
hemp-derived cannabinoid products, including low-dose beverages containing up 
to ten milligrams of THC per serving, edibles, tinctures, topicals, and CBD 
products;

 (b) 
smoking cessation products, including nicotine replacement therapies such as 
patches, gum, and lozenges, vapor products intended for adult use, and 
reduced-risk nicotine delivery products; and

 (c) 
wellness and alternative products, including herbal and botanical products, 
nonalcohol functional beverages, and dietary supplements and plant-based 
wellness products.

 Section 
44-140-20. (A) The Department of 
Revenue shall establish an apothecary retailer license for which the annual fee 
is three hundred dollars. A separate license is required for each retail 
location.

 (B) 
An apothecary license holder is not required to hold a liquor license, and the 
license may not be classified pursuant to Title 61.

 (C) 
Priority for issuance of an apothecary retailer license may be given to:

 (1) 
existing compliant apothecary retailers;

 (2) 
South Carolina-based operators; and

 (3) 
businesses primarily engaged in covered product sales.

 Section 
44-140-30. (A) It is unlawful for 
an individual to sell, furnish, give, distribute, purchase for, or provide a covered 
product to a minor under the age of twenty-one years.

 (B) It 
is unlawful to sell a covered product to an individual who does not present, 
upon demand, proper proof of age. Failure to demand identification to verify an 
individual's age is not a defense to an action initiated pursuant to this 
subsection. Proof that is demanded, is shown, and reasonably is relied upon for 
the individual's proof of age is a defense to an action initiated pursuant to 
this subsection.

 Section 
44-140-40. (A) All covered products 
must be maintained behind the counter and accessible only by employees. 

 (B) It 
is unlawful to sell a covered product through a vending machine.

 (C) Every 
apothecary retailer must implement age-verification procedures that comply with 
the requirements of Section 44-140-30(B).

 (D) 
On-premises consumption of any covered product is prohibited unless otherwise 
authorized by law.

 Section 
44-140-50. (A) Every apothecary 
retailer must ensure that any covered product offered for sale has met and 
complied with all applicable testing, labeling, and packaging requirements.

 (B) 
Hemp-derived products must not exceed ten milligrams THC per serving and must 
not contain synthetic cannabinoids.

 (C) 
Covered products must not be marketed to minors or resemble products intended 
for children.

 Section 
44-