Are Edibles Legal in South Carolina?

Whether or not cannabis, hemp, and hemp and cannabis products are legal where you live is always questionable. The issue is, of course, that the federal government and individual state governments often have differing laws surrounding hemp and cannabis products. Today, we are here to figure out whether or not edibles are legal in South Carolina. So, what is the legal state of hemp or cannabis edibles in the state of South Carolina? Let’s find out.

Last update was on: March 12, 2025 9:47 pm

Key Takeaways

  • According to the 2018 Farm Bill and South Carolina House Bill 3449, edibles are legal both federally and at a state level so long as they adhere to certain conditions.
  • For edibles to be legal, they must be hemp-derived and contain less than 0.3% Delta-9 THC.
  • Hemp edibles are legal in SC, whereas any edibles with more than 0.3% Delta-9 THC are considered marijuana, which is illegal.
  • Possession of illegal marijuana products is punishable by law.

What Makes a Cannabis Edible?

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Last update was on: March 12, 2025 9:47 pm

The simplest definition of a cannabis edible is any type of edible product that you consume orally that contains cannabis or cannabinoids.

Although some people might call this splitting hairs, there is a distinction worth making, which is between cannabis edibles and hemp edibles.

Some people might say that cannabis edibles contain THC, whereas hemp edibles do not contain THC or only contain less than 0.3% Delta-9 THC based on weight.

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Edibles & Federal Law

As far as the Federal Law is concerned, hemp edibles should be totally legal. According to the 2018 Farm Bill, any cannabinoids or products containing cannabinoids should be totally legal as long as they are derived from the hemp plant. This usually means that they are made out of CBD. These cannabinoids or products may also not contain more than 0.3% Delta-9 THC by dry weight concentration.

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South Carolina Edible Laws

The laws surrounding edibles and cannabinoids for the state of South Carolina are exactly the same as the federal laws. This is according to the South Carolina House Bill 3449. As long as the products are derived from the hemp plant and don’t contain more than 0.3% of Delta-9 THC, they should be totally legal.

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Does the Type of Edible Matter?

So if we are talking about gummies, chocolates, lollipops, and other such types of edibles, then no, this differentiation does not matter. Doesn’t matter what form the edible takes. However, the difference between hemp edibles and cannabis edibles does matter.

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Are Edibles Controlled Substances in South Carolina?

If the edible in question contains more than 0.3% Delta-9 THC, it goes from being classified as a hemp edible to a marijuana product, in which case it is a controlled substance. Technically speaking, Delta-9 THC marijuana is a controlled substance in the state of South Carolina, and if you are found in possession of it, you will be subject to punishment in accordance with the law.

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Edible Possession Limits in South Carolina

If the edibles you have contain less than 0.3% Delta-9 THC, you can carry as many of them as you want. However, if a person in South Carolina is caught with marijuana, it is a convictable offense with a penalty of up to 30 days in jail or a substantial fine. If the person is caught with more than 28 grams, or if it is a second offense, the penalties will be more severe.

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So long as they are hemp edibles with less than 0.3% Delta-9 THC, yes, edibles are legal in the state of South Carolina.

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Once again, Delta-8 THC is legal in the state of South Carolina only as long as it is present in concentrations less than 0.3% in any product. However, pure Delta-8 THC, or any product containing more than 0.3% of it, is considered illegal.

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Where to Buy Delta-8 Edibles in South Carolina

If you are looking to buy some federally compliant Delta-8 THC in South Carolina, check out these Pink Lemonade Delta-8 THC Gummies from Botany Farms. These Delta-9 Gummies from Otter Space are fan favorites as well. You might also like these Delta Munchies Delta 8 Sour Belts.

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