![]() Under this ordinance, it is unlawful to “use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess synthetic marijuana … unless prescribed by a licensed physician.” Id. Lexington County enacted an ordinance in February of 2021 defining synthetic marijuana as “all chemical compounds intended to replicate, mimic or cause a similar reaction to the effects of marijuana or cannabis.” Lexington County, South Carolina Code of Ordinances Sec. Many local governments have enacted ordinances addressing the ambiguity. There does not appear to have been any arrests or convictions relating to the sale or use of delta-8 since the SCAG’s Office issued its opinion. A SCAG’s opinion is, essentially, the Attorney General’s belief as to how a court would decide the issue. ![]() According to the SCAG, Section 44-53-190(D) categorizes all isomers of THC as Schedule I controlled substances unless specifically excepted and the Hemp Farming Act only creates an exception for delta-9 THC. The South Carolina Attorney General’s Office issued an opinion in October of 2021, finding delta-8 unlawful under its interpretation of South Carolina’s Hemp Farming Act. While delta-8 is extracted from legal hemp and a cursory google search may lead one to believe delta-8 is legal in South Carolina, owners of establishments that choose to sell the drug should be very cautious. Faced with this trend, many businesses throughout the state may consider selling delta-8 products. However, due to the federal legalization of hemp, psychoactive hemp extracts such as delta-8 (another psychoactive substance found in small amounts in marijuana and hemp) became widely available across the state, being sold in a variety of convenience stores, gas stations, and smoke shops. (May 04, 2022).) As a result, hemp, frequently referred to as commercial hemp, is fully legal.Ĭurrently, South Carolina remains one of 13 states to declare possession of marijuana containing Delta-9 THC unlawful without any exceptions for medical use of the drug. (Delta-9 THC is “the component responsible for the ‘high’ people may experience from using cannabis.” 5 Things to Know about Delta-8 Tetrahydrocannabinol - Delta-8 THC, U.S. ![]() and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis”, was removed from the Schedule I list through the enactment of the Agriculture Improvement Act of 2018. Hemp, on the other hand, which is defined as “the plant Cannabis sativa L. If enacted, the bill would have allowed people with specific and debilitating medical conditions to purchase medical marijuana from dispensaries in the state. There was movement in South Carolina to potentially legalize medical marijuana with the introduction of Senate Bill 150, better known as the South Carolina Compassionate Care Act, which was ultimately held unconstitutional on procedural grounds because it would have created a new tax and did not originate in the House. ![]() 4, 2022) (quoting Consolidated Appropriations Act, 2022, Pub. Be that as it may, the Rohrabacher-Farr Amendment “prohibits the Department of Justice from using appropriated funds ‘to prevent from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.’” Fried v. Consequently, despite the 38 states’ so-called legalization of medical marijuana, using marijuana for medical purposes remains illegal on the federal level. However, the legalization of marijuana in the United States has created much confusion.Īs President Biden recently addressed, marijuana remains in Schedule I of the Controlled Substances Act, and is therefore illegal under federal law.įederal law remains supreme to state law, and under federal law, “medical necessity is not a defense to manufacturing and distributing marijuana.” United States v. ![]() Furthermore, with recent ballot measures passing in Maryland and Missouri, 21 states and the District of Columbia have legalized recreational marijuana use. Today, 38 states and the District of Columbia recognize the medical benefits of the drug, allowing people to obtain and use it if they have the endorsement of their physician. While the 1900’s were marked by criminalization of marijuana, the new millennium brought about a reversal, favoring legalization in many jurisdictions. Marijuana, the flower of the cannabis plant, has been used for its psychoactive and medicinal qualities for thousands of years. ![]()
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