Articles on South Carolina Law

What are the Laws on THC Vape Oil in SC?

by | Nov 21, 2019 | Criminal Defense, Drug Offenses

There are so many different forms of oils that can go into vape pens that it can be confusing. What is legal in other states may not be legal in SC. What may be legal in other states may not be legal under federal law.

But where does SC fall? Is CBD oil legal in SC? Is THC oil legal in SC? 

We already know marijuana for any reason is not legal in SC, but let’s take a closer look at THC and CBD oils.

In this article you will learn:

  • The basics of THC oil; and
  • What forms of it are legal and illegal in South Carolina.

THC Oil in South Carolina

You may have heard about THC oil and people who use the oil in their vape pens. You may have even heard about the dangers of using vape pens due to them blowing up and/or causing heart problems. THC oil is legal in some states for recreational or medicinal purposes. But is THC oil legal in SC? Read on to get the answers.

THC Oil: The Facts You Need to Know

THC stands for tetrahydrocannabinol, which is a fancy scientific word for the compound in marijuana that gives the feeling of being “high.” THC oil is available in the form of edibles, capsules, supplements, and more.

Vape oil is cannabidiol oil, which is derived from hemp plants. Hemp plants are legal in SC with limitations: you must have a permit to grow hemp plants. Not everyone in SC can legally grow hemp plants. You must not only have a permit, but you must follow the terms and conditions of the permit to a “T.” If you are lucky enough to hold a permit from the SC government to grow hemp, you must only grow it on the acreage provided in you permit. Otherwise, you risk getting arrested for growing hemp outside the parameters of your permit.

CBD Oil in SC

“Cannabidiol” or “CBD” means the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant. It can be found in various forms such as gummies, gels, oils, supplements and extracts. CBD oil can be used to help with various health conditions such as inflammation, seizures, pain, and mental disorders.

In 2014, South Carolina passed “Julian’s Law,” which allowed for the possession and distribution of CBD under certain circumstances, including clinical trials. Medical patients with severe forms of seizure disorders can legally possess CBD oil that contains no more than 0.9 percent THC. 

Some people use CBD oil for other purposes, such as for their pets who may be suffering health problems, such as cancer. Even if the CBD oil is for your pet, you still must abide by the terms of SC CBD oil laws (it cannot contain more than 0.9 percent).

Ordering it offline from another state does not make it legal. No matter where you purchase the CBD oil, it must contain the correct percentage or you could be in trouble with law enforcement.

Is THC oil the same as CBD oil? 

No. Although the two oils are similar chemically, the two oils have very different effects. The main difference is that CBD oil does not produce the “high” that THC oil produces. THC and marijuana are controlled substances and prohibited by federal law. Some states have made marijuana and THC legal, but SC has not. 

Is Vape Oil the same thing as synthetic marijuana? 

In some cases, products that are labeled as CBD oil are in fact synthetic marijuana, which can have unpredictable and sometimes incredibly dangerous effects on the body. Synthetic marijuana is sold under names such as K2 and Spice and has been referred to as “fake weed.” I would strongly not recommend K2 or Spice as these are illegal in SC.

THC Oil in SC: Is it legal?

As recently as March 2019, someone in a Myrtle Beach, SC vape shop sold products to an undercover law enforcement officer that contained more than the .3 amount of THC (the amount was .43 percent). Because the products contained more than .3 percent of THC, the products were illegal in SC. You can read more about this incident here.

South Carolina THC Laws

SC law does allow for the sale of THC oil if THC levels are under 0.3 percent. If you possess more than the allotted amount, you can be arrested. 

Possessing more than 0.3 percent of THC oil qualifies at possession of marijuana. It is absolutely illegal to possess, distribute, or traffic marijuana in SC. Even if you are traveling from another state where marijuana is legal, you cannot have marijuana in SC. Even if you have a medical marijuana card in another state, you cannot have marijuana in SC for any reason.

Whether you will be charged with a felony or misdemeanor depends on the possession, distribution, etc. of marijuana laws 

Need help with your South Carolina drug case?

If you have been arrested or think you are in trouble with law enforcement for a marijuana, THC or CBD oil charge, you will want to consult an experienced South Carolina drug attorney to go over your possible defenses.

Even if you possessed an illegal substance, the attorney may be able to suggest possible defenses, such as an illegal search and seizure, or a violation of your 4th amendment rights.

Contact Susan Williams for a free consultation. 


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