Amended

April 9, 2025

 

H. 3924

 

Introduced by Reps. Wooten, W. Newton, Erickson, Neese, Hager, Bannister, Herbkersman, M. M. Smith, Pedalino, Mitchell, Bustos, Lawson, Guffey, Hiott, Taylor, Ballentine, Vaughan, White, Long, Ligon, Guest, Gilliam, Hartnett, Bailey, Landing, B. J. Cox, Hayes, Atkinson, Willis, Lowe, T. Moore, Davis, Hixon, Martin, Pope, Robbins Calhoon and Henderson-Myers

 

S. Printed 4/9/25--H.                                                                           [SEC 4/14/2025 12:59 PM]

Read the first time February 6, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 56 TO TITLE 46 SO AS TO REGULATE THE SALE OF HEMP-DERIVED CONSUMABLES, AMONG OTHER THINGS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Title 46 of the S.C. Code is amended by adding:

 

CHAPTER 56

 

Consumable Hemp Products

 

    Section 46-56-10.  It is unlawful for a person under the age of twenty-one to possess or consume a "consumable hemp product." A "consumable hemp product" is defined as a hemp, tetrahydrocannabinol (THC) or cannabinoid product that is a hemp- or cannabinoid- derived good intended for human ingestion, absorption, or consumption made from a cannabinoid that is naturally occurring in a hemp plant or made from a cannabinoid that is chemically derived or otherwise synthetically manufactured  that has been extracted or purified from an agricultural product. The following chemically derived hemp cannabinoids are specifically included in the definition of a consumable hemp product:

       (1) Hexahydrocannabinol (HHC);

       (2) Tetrahydrocannabinol acetate ester (THCo);

       (3) Tetrahydrocannabiphorol (THCp);

       (4) Delta 8 Tetrahydrocannabinol;

       (5) Delta 10 Tetrahydrocannabinol;

       (6) Delta 4 Tetrahydrocannabinol;

       (7) Delta 11 Tetrahydrocannabinol;

       (8) Delta 6a10a Tetrahydrocannabinol;

       (9) Hexahydrocannabinol Acetate (HHC-O);

       (10) Delta 9 Tetrahydrocannabiphorol;

       (11) Delta 9 Tetrahydrocannabihexol;

       (12) Delta 9 Tetrahydrocannabinol octyl;

       (13) Delta 9 Tetrahydrocannabinol methyl ether (THC-M);

       (14) Delta 8 Tetrahydrocannabinol octyl;

       (15) Delta 7 Tetrahydrocannabinol; or

       (16) any synthetic derivative or analog of the above compounds.

 

    Section 46-56-20.  (A) No person may knowingly:

       (1) sell or distribute a product containing a consumable hemp product to a person who is under twenty-one years of age or purchase a product containing a consumable hemp product on behalf of a person who is under twenty-one years of age;

       (2) persuade, entice, send, or assist a person who is under twenty-one years of age to purchase, acquire, receive, or attempt to purchase a consumable hemp product. This section does not preclude law enforcement efforts involving:

           (a) the use of a minor if the minor's parent or legal guardian has consented to this action; or

           (b) the use of a person under twenty-one years of age who is not a minor if the individual has consented to this action;

       (3) distribute samples of consumable hemp product in or on a public street, sidewalk, or park; or

       (4) sell or distribute a consumable hemp product without having first obtained proof of age from the purchaser or recipient.

    (B) Any consumable hemp beverage product offered for retail sale shall be merchandised in such a manner including, but not limited to, signage, shelf-talkers, and stickers on cooler doors, so as to clearly indicate to consumers the product contains hemp-derived cannabinoids.

    (C) With the exception of consumable hemp beverages, it is a violation to fail to maintain any product containing consumable hemp products locked away or behind the counter of a retail establishment in an area inaccessible to the customer.

    (D) A person violating subsection (A) is guilty of a misdemeanor and, upon conviction:

       (1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

       (2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

    (E) Section 61-6-4080 is applicable to a person who is in violation of subsection (A)(1) for the sale or distribution of a consumable hemp product.

    (F) It is unlawful for a person under twenty-one years of age to:

       (1) knowingly purchase, possess, or accept receipt of a consumable hemp product; or

       (2) knowingly present purported proof of age that is false, fraudulent, or not actually that person for the purpose of purchasing or receiving a consumable hemp product.

    (G) A person violating subsection (F) is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.

    (H) A person eighteen years of age and older lawfully employed to serve or remove consumable hemp products, beer, wine, or alcoholic beverages in establishments licensed to sell these beverages is not considered to be in unlawful possession of the beverages during the course and scope of his duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

 

    Section 46-56-40.  (A) A person engaged in the business of selling at retail consumable hemp products must post in each location for which he has obtained a license a sign with the following words printed thereon:

"The possession of a consumable hemp product by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing a consumable hemp product."

    (B) The South Carolina Department of Agriculture must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.

    (C) A retail seller of consumable hemp products who fails to display the sign required by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.

 

    Section 46-56-50.  (A) Nothing in this act shall be construed to:

       (1) legalize the sale, possession, or consumption of THC products by any person in this State where such products are otherwise prohibited by law;

       (2) permit the sale or distribution of any product that exceeds the established THC limits; or

       (3) prohibit the sale or distribution of any hemp product that is otherwise legal under state or federal law provided the sale or distribution is not in violation of this article.

    (B) This article does not limit or affect any other federal or state law more strictly regulating THC or controlled substances in this State.

 

    Section 46-56-60.  An entity that is in the business of manufacturing or selling products containing a hemp-derived cannabinoid in this State, including a producer or retailer, may not be located within one thousand feet of a school, daycare facility, or other similar locations.

 

SECTION 2.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 3.  During the first 180 days after the effective date of this act, law enforcement officers shall only issue warnings for violations of this article.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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