Delta 8 is a cannabinoid derived from hemp that has psychoactive effects similar to Delta 9 THC, the main compound in marijuana. Delta 8 has become popular among consumers who want to experience a mild high without the anxiety or paranoia that some people feel from Delta 9 THC.
However, the legal status of Delta 8 is not clear in many states, including South Carolina.
Can You Consume Delta 8 in South Carolina?
The answer to this question is not straightforward, as there is some disagreement between the state law and the state authorities on this issue.
According to the Hemp Farming Act (H3449) passed by South Carolina in 2019, hemp and its derivatives, cannabinoids, flavonoids, isomers, and terpenes are legal in the state, as long as they contain no more than 0.3% Delta 9 THC by dry weight. This means that Delta 8 THC derived from hemp should be legal in South Carolina, as it falls under the definition of hemp and its derivatives.
However, the South Carolina Attorney General’s Office issued an opinion in October 2021, stating that Delta 8 THC is illegal under South Carolina law, because all isomers of THC are Schedule I controlled substances, unless specifically exempted.
The opinion also argued that the Hemp Farming Act does not provide an exception for Delta 8 THC or any other isomer of THC in itself. The opinion was issued in response to a request from the South Carolina Law Enforcement Division, which also considers Delta 8 THC to be illegal in the state. The Department of Agriculture also issued guidance on its website, stating that Delta 8 THC is not legal in South Carolina.
However, it is important to note that the opinion of the Attorney General’s Office is not a law in itself; it is simply a reading of the law that may or may not be deemed valid by a court. The opinion also acknowledged that the legality of Delta 8 THC would have to be determined on a case-by-case basis and would likely have to go to court.
Therefore, there is no definitive answer to whether Delta 8 THC is legal or illegal in South Carolina, as it depends on how the law is interpreted and enforced by the authorities and the judiciary.
Can You Travel to South Carolina With Delta 8?
Given the uncertainty and controversy surrounding the legality of Delta 8 THC in South Carolina, it is not advisable to travel to South Carolina with Delta 8 products, especially if you are coming from a different state, city, or country.
Even if Delta 8 THC is legal in your place of origin, you may face legal consequences if you are caught with Delta 8 products in South Carolina, as the state authorities may consider them to be illegal.
You may also face difficulties at the airport or the border, as Delta 8 products may not be allowed by the federal or the local regulations. Therefore, it is better to avoid traveling to South Carolina with Delta 8 products, unless you have a valid medical reason and a doctor’s recommendation.
Can You Drive Under the Influence of Delta 8 in South Carolina?
No, you cannot drive under the influence of Delta 8 THC in South Carolina, or in any other state for that matter. Delta 8 THC is a psychoactive substance that can impair your judgment, reaction time, coordination, and motor skills.
Driving under the influence of Delta 8 THC can put you and others at risk of accidents, injuries, and fatalities. It can also result in legal penalties, such as fines, license suspension, or even jail time. Therefore, you should never drive under the influence of Delta 8 THC, or any other intoxicating substance, in South Carolina or anywhere else.
What Are the Age Restrictions for Using Delta 8 in South Carolina?
There are no specific age restrictions for using Delta 8 THC in South Carolina, as the state law does not explicitly address this issue. However, since Delta 8 THC is a psychoactive substance that can affect the brain development and function of young people, it is not recommended for anyone under the age of 21.
Where to Buy Delta 8 in South Carolina?
If you still want to buy Delta 8 products in South Carolina, despite the legal risks and uncertainties, you should be careful about where you buy them from. You should only buy Delta 8 products from reputable and trustworthy sellers, such as Elyxr, that offer well-tested, high-quality, and a wide range of Delta 8 products.
Elyxris a leading online store that sells Delta 8 products in all states where it is legal, including South Carolina. Elyxr offers Delta 8 products in various forms, such as gummies, tinctures, cartridges, and more.
However, if you are not comfortable with buying Delta 8 products in South Carolina, due to the legal ambiguity and potential consequences, you can always travel to a nearby state where Delta 8 is legal and have Elyxr sending it to your doorstep. Some of the states that have legalized Delta 8 THC are Georgia, Florida, Tennessee, and North Carolina.