SC Lawmakers Debate Age Limits and Rules for Hemp-Derived THC Products

South Carolina lawmakers are grappling with how to regulate the booming market for hemp-derived products, such as THC-infused drinks and edibles. Currently, despite recreational and medical marijuana being illegal, there is no minimum age requirement for minors to purchase these intoxicating hemp-derived products in the state.

The State currently imposes zero regulations on the sale of these products, a situation that retailers and law enforcement agree needs immediate change to protect consumers, especially youth.

A key piece of legislation, which has already passed the State House of Representatives, is now being considered by the Senate. This bill would mandate that customers must be at least 21 years old to purchase hemp-derived products containing THC.

Representatives from the hemp industry support the age limit, arguing that the market is currently saturated with cheap, out-of-state products packaged to look like popular candy and snacks, making them particularly appealing to children.

Senators in a subcommittee are now reviewing additional regulations for the industry, which could include:

  • THC Caps: Setting limits on the potency or maximum amount of THC allowed in products.
  • Licensing: Determining who is legally allowed to sell these items, potentially regulating them similarly to alcohol.
  • Sales Restrictions: Deciding whether online sales should be permitted.

A point of contention is how to handle the regulation of sales. Lawmakers floated the idea of allowing higher potency products to be sold only at specific retailers, such as liquor stores. However, groups representing grocery and convenience stores are pushing for consistency and fair competition, requesting that the same rules apply across all sales markets.

While some law enforcement officials have staunchly called for an outright ban on these hemp-derived products, they agree that immediate regulation is necessary to prevent them from falling into the hands of young people.

The state’s discussion is also overshadowed by potential federal action. A recent appropriations bill passed in the U.S. Senate includes a provision that could lead to a nationwide ban on these hemp-derived products in about a year. Industry analysts suggest this provision is a deadline intended to force Congress to pass comprehensive federal regulations. If a ban were enacted, it would render any state laws on the matter moot.

The South Carolina Senate subcommittee is scheduled to hold at least one more hearing before lawmakers can take significant action when the legislative session resumes in January.

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