South Carolina lawmakers recently rejected legislation that would have created new restrictions on intoxicating hemp products, leaving THC-infused drinks, gummies, and other hemp-derived products largely unregulated in the state for now. As attorney David L. Hood stated “ it’s now the wild west in South Carolina as far as THC & Hemp derived regulation, because there’s basically, no regulation. “ The House vote marked the latest chapter in a lengthy debate over how South Carolina should balance consumer access, business interests, and public safety concerns involving hemp-derived THC products.
The controversy began after lawmakers attempted to create rules for products containing hemp-derived THC, including Delta-8 THC and other intoxicating cannabinoids. These products became widely available after the 2018 federal Farm Bill legalized hemp production, creating a marketplace where products with psychoactive effects could be sold outside the traditional marijuana regulatory system.
Earlier this year, the South Carolina Senate approved a compromise bill designed to regulate, rather than completely ban, certain THC products. The Senate proposal would have limited sales to adults 21 and older. Under the plan, THC beverages containing up to 5 milligrams of THC in a 12-ounce container could have been sold by licensed retailers but kept behind the counter. Higher-potency beverages and THC gummies containing up to 10 milligrams per serving would have been restricted to liquor stores.
The Senate measure also would have created licensing requirements, packaging rules, and other safeguards intended to prevent sales to minors. Supporters argued that regulation was a more realistic approach than an outright ban because many hemp-derived THC products were already available throughout the state.
However, the legislation faced strong opposition in the House. After months of debate, House members voted 69-28 to reject the Senate-backed restrictions, effectively killing the bill for the current legislative session. The vote included opposition from both Democrats and Republicans, showing the deep divisions among lawmakers over whether South Carolina should regulate or prohibit intoxicating hemp products. “ It looks like The House wants a total ban “ said attorney Hood.
Because the bill failed, South Carolina consumers can continue purchasing many hemp-derived THC products from retailers across the state, including stores that currently sell these products without any of the new restrictions that lawmakers had proposed.
The failure of the legislation also creates important legal questions. Without additional regulations, businesses selling THC products may face uncertainty regarding their responsibilities to consumers. For example, questions remain about age verification, product labeling, advertising practices, and whether retailers could be held responsible if someone consumes a THC product and later causes harm. Attorney David Hood went on to state “ uncertainty in the legal world is rarely a good thing. “
From a personal injury perspective, one of the biggest concerns involves impaired driving. THC can affect reaction time, coordination, and judgment. If a driver uses an intoxicating hemp product and causes a crash, injured victims may pursue compensation through a personal injury claim. Evidence showing impairment, negligent behavior, or careless decision-making could become important in determining liability. “ With no regulations, this could lead to a lot of litigation., “ said lawyer Hood.
Another potential area of litigation involves businesses that sell intoxicating products. If a retailer provides THC products to minors or fails to warn consumers about potential risks, injured individuals and families may explore whether the business acted negligently. “ This could be liability on steroids, “ states Hood.
The debate over hemp-derived THC products is unlikely to disappear. Law enforcement groups, business owners, consumers, and lawmakers remain divided over the best path forward. Some argue stricter rules are necessary to protect children and public safety, while others believe responsible adults should have access to these products through a regulated marketplace.
For now, South Carolina remains without the new THC restrictions lawmakers considered. As the hemp industry continues to grow and more THC-infused products appear in stores, future legislation—and possible legal disputes—are likely to continue shaping the state’s approach to these increasingly popular products. Stay tuned.
