South Carolina AG Confirms Legality of Hemp-Derived THC Beverages

LOS ANGELES- South Carolina Solicitor General Robert D. Cook issued a legal opinion on Sept. 16, affirming that nonalcoholic beverages containing hemp-derived delta-9 THC are legal under the 2018 Farm Bill, provided they contain no more than 0.3% THC by dry weight. The opinion was in response to a request from South Carolina House Speaker D. Murrell Smith Jr., who sought clarity on the legality of these beverages.

Cook’s opinion clarifies that while hemp-infused drinks meeting federal THC limits are legal, each product must be assessed individually to ensure compliance. This leaves room for ambiguity, particularly in determining the exact THC content of beverages. Cook emphasized that these determinations are factual and would require laboratory testing on a case-by-case basis.

While Cook’s opinion addresses legality under current law, he noted the absence of regulatory “guardrails” around issues such as marketing to minors, labeling, and product safety. He encouraged lawmakers to revisit the state’s Hemp Farming Act of 2019 to establish clearer guidelines for these products. South Carolina is one of nine states without a medical cannabis program, despite recent legislative efforts to change this.

The increasing presence of THC-infused beverages in South Carolina has prompted calls for stronger regulatory oversight. As Cook suggested, the state legislature may need to consider additional public health measures and clarify which agencies are responsible for enforcement.