CBD oil, provided it is derived from hemp, is legal in South Carolina.
It has been five years since South Carolina lawmakers approved Senate Bill 1035 to give patients access to a low-THC CBD oil extracted from marijuana with the recommendation from a doctor. The Palmetto State’s medical marijuana law, however, offers little additional benefit to its residents.
Under federal law, CBD oil that’s derived from hemp, rather than marijuana, is already legal to buy and use under federal law, regardless of a prescription or recommendation from a doctor.
CBD is a natural chemical compound found in the seeds, stalks, and flowers of cannabis plants, including both hemp and marijuana. Completely non-intoxicating, CBD does not elicit euphoric effects.
The passage of the 2018 Farm Bill last December clarified the legality of hemp CBD oil at the federal level. The bill contained provisions that legalized the domestic manufacturing of hemp so that farmers could grow, process, and sell the plant commercially. It also legalized hemp nationwide for any use, including the extraction of CBD.
When CBD Became Legal in South Carolina
Even prior to the 2018 Farm Bill, hemp-derived CBD oil products had been legally available in South Carolina and elsewhere throughout the U.S. Unlike marijuana, THC, and some parts of hemp, CBD itself has never been listed as a controlled substance under the Controlled Substances Act.
Manufacturers could make and sell CBD oil legally, provided they used hemp that had been imported. They were also restricted to using only the plant’s mature stalks, fiber, oil, and seeds to make their oil, since these parts were not included in the definition of “marihuana” under federal law.
These parts of the hemp plant are what hemp oil companies, like us at Medical Marijuana, Inc., have been using to produce our CBD oil products since 2012. We were the first company to bring hemp CBD oil to market, and all of our products, including Real Scientific Hemp OilTM (RSHOTM), contain pure hemp CBD oil derived the parts of hemp that have been legal.
Using our unique varieties of imported high-CBD hemp, we’re able to produce hemp oil products like CBD tinctures, CBD capsules, and hemp body care products that are naturally abundant in CBD. The legality of these products is unaffected by South Carolina’s medicinal marijuana laws.
South Carolina’s Medical Marijuana Law
South Carolina lawmakers passed “Julian’s Law” (Senate Bill 1035/House Bill 4803) in 2014 to legalize marijuana extracts containing no more than .09 percent THC and at least 15 percent CBD. Under South Carolina marijuana law, children and adults who have obtained the recommendation of a doctor can purchase and use this cannabis oil that’s derived from marijuana.
South Carolina lawmakers were considering passing a more comprehensive medical marijuana bill, known as the Compassionate Care Act, earlier this year. The amendment would give access to up to 2 ounces of marijuana or an equivalent derivative every two weeks. The bill did not get out of the Senate by the session’s April 10 deadline to pass to the House, and it’s now been pushed to 2020, the second year of a two-year legislative session.
The same bill advanced to the floors of the South Carolina House and Senate last year, but the session ended before the bill was debated by the full chambers.
More Cannabis News and Education
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