South Carolina lawmakers advance bills that could ban all or most hemp THC products, sparking debate over adult freedoms versus minors' protection.
A pair of bills sponsored by powerful House Judiciary Chairman Weston Newton (R) that would either ban hemp-derived THC products (House Bill 4758) or ban all such products except intoxicating hemp beverages (House Bill 4759) are headed for House floor votes after passing out of committee Wednesday.
Newton said he sponsored the second, less restrictive, bill in case his bid for a total ban fails. That second bill would allow businesses to apply for a license to sell 12-ounce cans containing no more than 5 mgs each of THC to people 21 and over. Hemp advocates say that ceiling is too low.
Neither marijuana nor medical marijuana is legal in the Palmetto State but the so-called "hemp loophole" created by the 2018 federal legalization of hemp provided space for innovative entrepreneurs to use chemical processes to derive THC and other intoxicating cannabinoids from naturally occurring CBD in the plant. That law did not set parameters for how much THC could be added to products or address the use of those other intoxicating cannabinoids, such as delta-8 THC and THCA.
By the early part of this decade, vape shops had popped up around the state to sell unregulated hemp products. But it was reports of THC-infused drinks available for sell without age restrictions at convenience stores and gas stations that focused legislators' minds of the topic. Last year, the House passed a bipartisan proposal to ban sales to minors, House Bill 3924, but the Senate failed to act on it.
While there is agreement among lawmakers on shutting down sales to minors, they are split on whether to allow adults even limited access to hemp-derived THC products.
Rep. John McCravy (R) voted against the bill allowing THC hemp beverages, saying he does not want to see intoxicating hemp products legalized.
"We already have a DUI problem in our state," McCravy said. "To hand this into the mix, on top of the alcohol, it’s just going to make things worse."
While the bill allowing THC hemp beverages generated two no votes—both from Republicans—the total ban generated five no votes—all from Democrats.
The state should be able to protect minors without "trampling all over the freedom of adults," said Rep. Justin Bamberg (D), who voted against the total ban.
While both bills would allow for the continued sale of non-intoxicating CBD, in-state hemp operators who held a reception for lawmakers Wednesday afternoon to advocate for regulation—not prohibition—said that would not be sufficient to save their industry.
Jody and Brian Luke run PureRemedies CBD, which sells both hemp-derived THC and CBD products at two shops in the state. Jody Luke said either bill would "devastate" the industry and drive her out of business because just selling CBD or a low-dose THC beverage would not be profitable. Most of their revenues come from THC products, she added. "People have found true relief," she said of the products, blaming "bad actors" for creating reputational problems for the industry.
Newton's hemp ban bills are both heading for a House floor vote, but some hemp industry players are advocating another path: amend that bill barring sales to minors (House Bill 3824) that passed the House last year to include responsible regulation of hemp-derived consumables. That would include the age limit, testing requirements, packaging and labeling requirements, serving size restrictions, and a licensing scheme for manufacturers, distributors, and retailers. After passing the House last April, that measure has been sitting in the Senate Agriculture and Natural Resources Committee ever since.