Hemp and marijuana come from the same plant species, Cannabis sativa, but they differ in concentrations of THC. Legally, THC levels determine whether the substance is considered an agricultural product or a regulated drug. Federal and South Carolina law define hemp as any part of the plant with a THC concentration that does not exceed 0.3 percent on a dried weight basis. Anything above that is considered marijuana and is illegal in the state.

Tetrahydrocannabinol, or THC, is a naturally occurring chemical responsible for many of marijuana’s psychoactive effects.

Hemp is a plant and CBD is a compound. Hemp is not CBD. “Partially processed” hemp is not CBD, either. Even “full spectrum” hemp extracts suspended in a carrier oil are more akin to hemp than pure CBD since they contain an array of phytonutrients. Although such extracts include CBD, they cannot in any reasonable sense be called CBD. We are aware that there may be some products on the market that add CBD to a food or label CBD as a dietary supplement. Under federal law, it is currently illegal to market CBD this way. More information can be found in our https://agriculture.sc.gov/wp-content/uploads/2019/08/HempCBDFoodGuide2019_V2.pdf

found in significant amounts in the cannabis plant. As a result, they note, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived CBD.

The South Carolina Department of Agriculture understands that the South Carolina Hemp Farming Act does not provide an exception for, and does not legalize, delta-8 THC. Further, SCDA understands that the South Carolina Law Enforcement Division (SLED) takes the position that “any and all THC that is not ‘a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis’ is specifically prohibited”. This understanding was confirmed by a South Carolina Attorney General Option dated October 4, 2021 where Assistant Attorney General David Jones clarifies that delta-8 THC is viewed as illegal by his office in an opinion for the Chief of SLED. You may access that opinion https://www.scag.gov/media/p5vdm3wi/02729616.pdf

Hemp is used to make a variety of commercial and industrial products including rope, clothes, food, paper, textiles, plastics, insulation, supplements, oils, cosmetics, and biofuel.

SCDA will take applications for the 2022 growing season from January 1, 2022, through February 28, 2022. The application requirements include: a criminal background check, South Carolina residency, and an application fee. Full details can be found https://agriculture.sc.gov/divisions/consumer-protection/hemp/hemp-farmer-guidelines/

The number of acres a Permitted Hemp Farmer can farm is not limited by state law. However, all acreage on which a farmer intends to plant must be on record with SCDA prior to planting or growing.

To be a Permitted Hemp Farmer, you are required to be a State of South Carolina resident. The address submitted on the application must be linked to a South Carolina address and is cross-checked with the results of the background check.  Other proofs of residency may also be required by SCDA.

Those seeking to process hemp in South Carolina must obtain a South Carolina Dealer and Handler License (NOT a Hemp Handler Permit) and a South Carolina Weighmaster License as well as a Hemp Processor Permit. Separate fees and requirements apply. The Hemp Processor application and other information are available here.

SCDA has created a new permit category for hemp handlers. There are several categories of Permitted Hemp Handler:

• Warehouse/Storage/Drying Facility
• Transporter
• Laboratory
• Seed Dealer/Supplier
• Other (Broker, R&D, Sales Rep)

Separate fees and permit requirements apply. More information about the Hemp Handler Permit is available here.

No. Retail locations and hemp products are not regulated by SCDA.

No. A hemp farming permit does not allow a farmer/grower to process their own hemp or another farmer’s hemp. A separate processing permit is required and is a part of the South Carolina State Plan.