SC THC hemp limits hinge on federal loophole

macro photography of a cannabis bud

Summary

Palmetto Family Alliance said South Carolina THC hemp limits depend on Congress keeping a federal loophole closed.

Why this matters

The debate could affect how South Carolina regulates THC hemp products and whether state restrictions can withstand federal policy changes. It also carries implications for product safety, youth access, and enforcement.

Palmetto Family Alliance said South Carolina lawmakers’ effort to restrict THC hemp products depends in part on Congress keeping closed a federal hemp loophole created under the 2018 farm bill.

The organization said the farm bill reauthorized agricultural programs and authorized hemp, creating new opportunities for farmers. It said the law also allowed delta-8 THC products to enter the market without federal regulation.

According to Palmetto Family Alliance, those products have been sold without age restrictions, labeling requirements, or packaging rules. The group cited U.S. Food and Drug Administration warnings that delta-8 THC can cause side effects including hallucinations, tremors, and loss of consciousness, and noted the agency has not approved any hemp-derived THC product for safe use.

The group also said news reports found some products contaminated with mold, pesticides, and fungus. It said independent testing showed up to 95% of intoxicating hemp products contained synthetic THC, which it said can be up to 30 times more potent than natural THC.

Palmetto Family Alliance said many products have been sold at gas stations and convenience stores in packaging resembling popular snacks and candy. It cited research linking that packaging to a 1,375% increase in accidental edible cannabis exposure among children younger than 6.

The group also cited FDA data showing that from Jan. 1, 2021, to May 31, 2022, 83% of national poison control center reports for edible products requiring medical care involved pediatric patients.

It pointed to South Carolina’s 2023 Operation Ganjapreneur, in which Attorney General Alan Wilson announced the seizure of more than 30,000 pounds of illegal products, including THC products designed to appeal to children and teenagers.

Palmetto Family Alliance said Congress moved to close the hemp loophole in last year’s continuing resolution and minibus appropriations package, but it is concerned Congress could reverse that decision.

Palmetto Family Alliance said it supports a full ban of THC products and argued state restrictions would be harder to enforce if Congress reopened the federal loophole.

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