A South Carolina official affirmed that nonalcoholic beverages infused with hemp-derived delta-9 THC are legal under the 2018 Farm Bill.
But the state cannot offer a “blanket” determination regarding the legality of all THC-infused beverages, according to the office of South Carolina Attorney General Alan Wilson.
Instead, the legality of each specific drink must be evaluated on a case-by-case basis.
In a letter to South Carolina House Speaker D. Murrell Smith Jr., state Solicitor General Robert Cook said he reviewed federal and state laws – as well as relevant case law – to conclude that hemp-infused drinks complying with the standards set by the 2018 Farm Bill are legal in South Carolina.
Cook’s letter was first reported by Cannabis Business Times.
Under the 2018 Farm Bill, hemp is defined as “any cannabis plant, or derivative thereof, that contains not more than 0.3% delta-9 tetrahydrocannabinol (THC) on a dry-weight basis.”
“Any drink which meets this requirement is legal,” Cook wrote.
In March 2019, South Carolina Gov. Henry McMaster signed the Hemp Farming Act, which prohibits the “cultivation, handling or processing of hemp without a hemp license issued by the South Carolina Department of Agriculture.”
An opinion issued by the South Carolina Attorney General’s office in October 2021 stipulates that the legality of hemp and hemp products in the state depends on the “federally defined THC level for hemp.”
“It is clear … that the overarching purpose of federal and state hemp legislation was the deregulation of hemp for its use in agricultural endeavors,” Cook wrote.
“Application of the legislation to THC-infused drinks was … a ‘consequence of the legislation but clearly not the principal focus of lawmakers.’”
