Hemp beverage ban

2025-2026 Bill 4758: Hemp beverage ban - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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Indicates Matter Stricken
Indicates New Matter
H. 4758
STATUS INFORMATION
General Bill
Sponsors: Reps. W. Newton, Bradley, Brewer, Chapman, Crawford, Davis, Duncan, Erickson, Forrest, Gilliam, Guest, Hartz, Hewitt, Hiott, Hixon, Holman, Lawson, Ligon, Lowe, Martin, McGinnis, T. Moore, B. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Schuessler, G.M. Smith, Taylor, Teeple, Vaughan, Whitmire, Willis, Wooten and McCravy
Companion/Similar bill(s): 3924, 3935, 4759
Document Path: LC-0356CM26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Hemp beverage ban
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 107
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 107
)

1/21/2026

House

Member(s) request name removed as sponsor: Yow,
C. Mitchell

1/28/2026

House

Member(s) request name added as sponsor: McCravy

1/29/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 5
)

2/3/2026

House

Requests for debate-Rep(s). B Newton, Kirby,
Hiott, Brittain, McCravy, Duncan, Martin, Pope,
Ballentine, Magnuson, Caskey, Taylor, Oremus, MM
Smith, Hewitt, Cobb-Hunter, Anderson, Berstein,
Bauer, Jones, Gilliam (
House Journal-page 15
)

2/3/2026

Scrivener's error corrected

2/4/2026

House

Debate interrupted by adjournment (
House Journal-page 100
)

2/5/2026

Scrivener's error corrected

2/5/2026

House

Member(s) request name removed as sponsor: Gatch

2/11/2026

House

Debate adjourned until Thur. 2-12-26 (
House Journal-page 18
)

2/17/2026

House

Debate adjourned (
House Journal-page 15
)

2/18/2026

House

Debate adjourned (
House Journal-page 16
)

2/19/2026

House

Debate adjourned (
House Journal-page 35
)

2/25/2026

House

Debate adjourned (
House Journal-page 29
)

3/4/2026

House

Debate adjourned until Tues., 3-24-26 (
House Journal-page 23
)

3/24/2026

House

Debate adjourned (
House Journal-page 55
)

3/25/2026

House

Debate adjourned (
House Journal-page 55
)

4/1/2026

House

Debate adjourned (
House Journal-page 33
)

4/23/2026

House

Recommitted to Committee on
Judiciary
(
House Journal-page 149
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025
01/29/2026
02/03/2026
02/05/2026

Indicates Matter Stricken

Indicates New Matter

Committee Report

January 29, 2026

H. 4758

Introduced by Reps. W. Newton, Bradley, Brewer,
Chapman, Crawford, Davis, Duncan, Erickson, Forrest, Gatch, Gilliam, Guest,
Hartz, Hewitt, Hiott, Hixon, Holman, Lawson, Ligon, Lowe, Martin, McGinnis, T.
Moore, B. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Schuessler, G. M.
Smith, Taylor, Teeple, Vaughan, Whitmire, Willis, Wooten and McCravy

S. Printed 1/29/26--H. [SEC
2/5/2026 9:06 A
M]

Read the first time January 13, 2026

________

The committee on House Judiciary

To whom was referred a Bill (H. 4758) to amend
the South Carolina Code of Laws by adding Section
46-55-5
so as to provide the
purpose of this chapter is to encourage the lawful cultivation, harvesting,
etc., respectfully

Report:

That they have duly and carefully considered
the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, SECTION 2, by
striking Section
46-55-10
(4) and inserting:

(4) "Consumable hemp product"
means a finished hemp product that is intended for human consumption,
ingestion, injection, or inhalation and contains any part of the hemp plant,
including intoxicating hemp products, or any compound, concentrate, derivative,
including synthetic derivatives, extract, isolate, or resin derived from hemp
other than CBD
, CBG, CBC, CBN provided the
products do not contain an intoxicating hemp product that causes a psychoactive
reaction
. The term includes, but is not limited to,
products that contain cannabinoids;

Amend the bill
further, SECTION 2, by striking Section
46-55-10
(15) and (16) and inserting:

(13)
(15)
"State plan" means the plan
submitted by the department and approved by the Secretary of the United States
Department of Agriculture pursuant to which the department regulates hemp
production.
"Psychoactive Reaction" means an
altered state of the brain that has significant effects on a person's
psychological processes, consciousness, thinking, physical ability, perception,
or emotion.

(14)
(16)
"THC" means
tetrahydrocannabinol.
"State plan" means the
plan submitted by the department and approved by the Secretary of the United
States Department of Agriculture pursuant to which the department regulates
hemp production.

(
17) "THC" means tetrahydrocannabinol.

Amend the
bill further, SECTION 3, by striking Section
46-55-80
and inserting:

Section
46-55-80
. Nothing in this chapter may be
construed
to limit the interstate commerce of any
product being transported through this State
to
prohibit the continuous transportation through South Carolina of the plant
Cannabis sativa L., and any part of that plant, including the seeds thereof and
all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, with a delta-9 tetrahydrocannabinol
concentration of not more than three-tenths percent (0.3%) on a dry weight
basis, produced in accordance with 7 U.S.C Section 1639o et. seq
.

Amend the bill
further, by adding an appropriately numbered SECTION to read:

S
ECTION X.
C
hapter 55, Title 46 of the S.C. Code is amended by
adding:

S
ection
46-55-100
. Local school districts shall collaborate with the State Department
of Education, the South Carolina Law Enforcement Division, and the Attorney
General's office, as appropriate, to implement a policy to educate and notify
students of the provisions of this chapter which includes adequate notice to
students, parents or guardians, the public, and school personnel of the change
in law.

Renumber sections to conform.

Amend title to conform.

W. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill prohibits the possession,
manufacturing, and distribution of consumable hemp products that contain THC This
bill creates new definitions for consumable hemp product, and intoxicating hemp
product as well as amends the current definitions for hemp or industrial hemp
and hemp products to include a delta-9 THC concentration of not more than
three-tenths of one percent on a dry weight basis. Also, any consumable hemp
products in violation of the Hemp Farming Act are considered contraband and may
be seized by law enforcement. The sale or possession of a consumable hemp
product is prohibited by law and violations are subject to punishment in the
same manner as THC pursuant Section
44-53-190
, related to schedule I controlled
substances, and Section
44-53-370
related to prohibited acts and penalties. This
bill also prohibits online sales, direct deliveries, and direct shipments of
consumable hemp products within or into South Carolina, and a person who is
convicted of this offense is subject to a misdemeanor offense and may be fined
up to $3,000 or up to three years in jail, or both.

This bill may result in an increase in the
number of court cases, and potentially the number of incarcerations, which may
increase the workload of the court system and the Commission of Indigent
Defense, the Commission on Prosecution Coordination, Corrections, and PPP. The
potential increase in expenses will depend upon the increase in the number of
cases and number of incarcerations. However,
Judicial
and the agencies anticipate that the potential impact of the workload can be
managed within existing appropriations but note
that if this bill
results in a significant increase in the workload, then an increase in General
Fund appropriations may be requested. For information, according to
Corrections, in FY 2024-25, the annual total cost per inmate was $37,503, of
which $35,696 was state funded.

Department of Agriculture.
This bill
will have no expenditure impact on the Department of Agriculture as it does not
create any new responsibilities or impose new requirements on the department.
The Department of Agriculture does not anticipate this bill to impact the
current Industrial Hemp Farming Program, which the department administers, as
no grower or processor permits will be affected. The Department of Agriculture
also does not anticipate any required changes to the state's plan regulating
regulate hemp production, which is approved by the United States Department of
Agriculture (USDA).

Department of Revenue.
DOR indicates
that this bill will have no expenditure impact on the department as it does not
create any new responsibilities or impose new requirements on the department.

State Law Enforcement Division.
This
bill prohibits the possession, manufacturing, and distribution of consumable
hemp products, which may increase the workload for SLED. SLED indicates that it
will require significant effort to enforce the ban on all hemp consumables
since the items are already being sold. Therefore, every vape store,
convenience store, and restaurant currently selling the items would require
inspections, education, and seizures as necessary. SLED anticipates the need
for 8.0 new FTEs and an increase in expenses by approximately $1,967,000
beginning in FY 2026-27, including $1,137,000 of recurring and $830,000 of
non-recurring expenses, and $1,137,000 each year thereafter. SLED will request
General Fund appropriations to fund the expenses due to this bill. The table
below displays the recurring and non-recurring expenses anticipated by the
department.

RECURRING
PERSONNEL EXPENSES

Position Title

# of FTEs

Salary, Overtime, & Fringe

Special Agent II, Enforcement Functions

8.0

$895,000

OPERATING
EXPENSES

Description of Expenses

Recurring Expenses

Non-Recurring Expenses

Gas

$67,000

I-Phone with Hotspot

$6,400

Mobile and Portable 800 Radio Service

$13,00

Other Recurring Costs

$5,00

Uniform Replacement

$5,000

Training/Travel

$12,000

Technology Licenses

$10,000

1/5 Vehicle Replacement

$124,000

Vehicle

$620,000

Protective Vest and Cover

$21,00

Glock, Duty Belt, Holster

$12,000

Patrol Rifle

$13,000

Uniforms, Boots, Raingear, Protective
Gloves, Handcuffs, PPE, Other

$44,000

Motorola Tri-band Portable Radio

$96,000

Computer Equipment

$24,000

State Revenue

This bill classifies consumable hemp
products as contraband and makes them illegal to sell or possess. Currently,
any consumable hemp products being sold in the state are subject to state and
local sales tax. Therefore, this bill may reduce state sales tax revenue
collections due to the prohibition of the products in the state. There is no
data available to estimate the gross sales amount of hemp beverages in South
Carolina, and therefore, any reduction in General Fund, EIA, and HEX revenue
from sales tax is undetermined. However, DOR anticipates any impact to sales
tax to be minimal.

This bill may also result in a change in
the fines and fees collected in court. Court fines and fees are distributed to
the General Fund, Other Funds, and local funds. Therefore, RFA anticipates that
this bill may result in a change to General Fund and Other Funds revenue due to
the change in fines and fees collections in court.

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
46-55-5
SO AS TO PROVIDE THE PURPOSE OF THIS CHAPTER is to encourage the lawful
cultivation, harvesting, and manufacturing of hemp; BY AMENDING SECTION
46-55-10
,
RELATING TO INDUSTRIAL HEMP CULTIVATION TERMS AND DEFINITIONS, SO AS TO PROVIDE
ADDITIONAL TERMS AND THEIR DEFINiTIONS, AND TO REVISE THE DEFINITIONS OF
EXISTING TERMS; and BY ADDING SECTIONs
46-55-70
,
46-55-80
, and
46-55-90
so as
to regulate the distribution and sale of consumable hemp, to provide the
provisions of this chapter may not be construed to limit interstate commerce,
or to prohibit the lawful possession, manufacture, sale, or distribution of
certain CBD products, and to provide penalties.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 55, Title 46 of the S.C. Code is amended by
adding:

S
ection
46-55-5
. The purpose of this chapter is to encourage the cultivation,
harvesting, and manufacturing of hemp in recognition that hemp is a valuable
commodity. It is also the intent of the General Assembly to prohibit the
possession, manufacturing, and distribution of consumable hemp products that
contain tetrahydrocannabinol (THC) which is an illegal controlled substance
under South Carolina law. In acknowledging consumable hemp products may be
intoxicating, the prohibition of such products in this State is in the interest
of the public health and safety of its citizens.

S
ECTION 2.
S
ection
46-55-10
of the S.C. Code is amended to read:

S
ection
46-55-10
.
F
or the purposes of this chapter:

(
1) "Cannabidiol"
or "CBD" means the compound by the same name derived from the hemp variety of
the Cannabis sativa L. plant.

(
2) "Commercial
sales" means the sale of hemp products in the stream of commerce, at retail,
wholesale, and online.

(
3) "Commissioner"
means the Commissioner of the South Carolina Department of Agriculture.

(
4) "Consumable hemp product" means a
finished hemp product that is intended for human consumption, ingestion, injection,
or inhalation and contains any part of the hemp plant, including intoxicating
hemp products, or any compound, concentrate, derivative, including synthetic
derivatives, extract, isolate, or resin derived from hemp other than CBD. The
term includes, but is not limited to, products that contain cannabinoids;

(4)
(
5)
"Cultivating" means planting, watering, growing, and
harvesting a plant or crop.

(5)
(
6)
"Department" means the South Carolina Department of
Agriculture.

(6)
(
7)
"Federally defined THC level for hemp" means a delta-9
THC concentration of not more than 0.3 percent on a dry weight basis
, or the THC concentration for hemp defined in 7 U.S.C. SECTION
5940, whichever is greater
.

(7)
(
8)
"Handling" means possessing or storing hemp for any
period of time. "handling" also includes possessing or storing hemp in a
vehicle for any period of time other than during its actual transport from the
premises of a licensed person to cultivate or process industrial hemp to the
premises of another licensed person. "Handling" does not mean possessing or
storing finished hemp products.

(8)
(
9)
"Hemp" or "industrial hemp" means the plant Cannabis
sativa L. and any part of that plant, including the nonsterilized seeds thereof
and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts
of isomers, whether growing or not, with
a delta-9
tetrahydrocannaboid (THC) concentration of no more than three-tenths of one
percent (.3%) on a dry weight basis
the federally
defined THC level for hemp
. Hemp shall be considered an agricultural
commodity.

(9)
(
10)
"Hemp products" means all products with
the federally defined THC level

a
delta-9 tetrahydrocannaboid (THC) concentration of no more than three-tenths of
one percent (.3%) on a dry weight basis
for hemp derived from, or made
by, processing hemp plants or hemp plant parts, that are prepared in a form
available for commercial sale, including, but not limited to, cosmetics,
personal care products, food intended for animal
or human

consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard,
plastics, and any product containing one or more hemp-derived cannabinoids,
such as cannabidiol. Unprocessed or raw plant material, including nonsterilized
hemp seeds, is not considered a hemp product.

(10)
(
11)

"Intoxicating hemp products" are
derivatives, extracts, cannabinoids, isomers, esters, ethers, acids, salts, and
salts of isomers, esters, and ethers whenever the existence of such isomers,
esters,

ethers, and salts is possible
within the specific chemical designation including, but not limited to:

(
i) delta-10 cis or trans
tetrahydrocannabinol and its optical isomers;

(
ii) delta-9 cis or trans
tetrahydrocannabinol and its optical isomers;

(
iii) delta-8 cis or trans
tetrahydrocannabinol and its optical isomers;

(
iv) delta-7 cis or trans
tetrahydrocannabinol and its optical isomers;

(
v) delta-6a, 10a cis or trans
tetrahydrocannabinol and its optical isomers;

(
vi) exo-tetrahydrocannabinol;

(
vii) metabolites of
tetrahydrocannabinol, including 11-hydroxy-tetrahydrocannabinol, 3-27
hydroxy-tetrahydrocannabinol, and 7-12 hydroxy-tetrahydrocannabinol;

(
viii) tetrahydrocannabinolic acid;

(
ix) hydrogenated forms of
tetrahydrocannabinol, including hexahydrocannabinol, hexahydrocannabiphrol, and
hexahydrocannabihexol;

(
x) synthetic forms of
tetrahydrocannabinol, including dronabinol;

(
xi) ester forms of
tetrahydrocannabinol, including delta-8 tetrahydrocannabinol,
tetrahydrocannabinol-O-acetate, delta-9 tetrahydrocannabinol-O-acetate,
delta-10 tetrahydrocannabinol-O-acetate, delta-6a, 10a
tetrahydrocannabinol-O-acetate and hexahydrocannabinol-O-6 acetate;

(
xii) ether forms of
tetrahydrocannabinol and hexahydrocannabinol including delta-9
tetrahydrocannabinol methyl ether and delta-8 tetrahydrocannabinol methyl
ether;

(
xiii) tetrahydrocannabivarins,
including delta-8 tetrahydrocannabivarin but excluding delta-9
tetrahydrocannabivarin;

(
xiv) analogues or
tetrahydrocannabinols with an alkyl chain of four (4) or more carbon atoms,
including tetrahydrocannabiphorols, tetrahydrocannabioctyls,
tetrahydocannabihexols, or tetrahydrocannabutols;

(
xv) delta-8 isotetrahydrocannabinol,
delta-4 isotetrahydrocannabinol and isohexahydrocannabinol;

(
xvi) any combination of the
compounds, including hexahydrocannabiphorol-O-ester and delta-8
tetrahydrocannabiphorol acetate, delta-9 tetrahydorcannabiphorol acetate.
"Licensee" means an individual or business entity possessing a
license issued by the department under the authority of this chapter to
cultivate, handle, or process hemp.

(
12) "Licensee" means an individual or
business entity possessing a license issued by the department under the
authority of this chapter to cultivate, handle, or process hemp.

(11)
(
13)
"Marijuana" has the same meaning as in Section
44-53-110
and does not include tetrahydrocannabinol in hemp or hemp products as
defined herein.

(12)
(
14)
"Processing" means converting an agricultural
commodity into a marketable form.

(13)
(
15)
"State plan" means the plan submitted by the
department and approved by the Secretary of the United States Department of
Agriculture pursuant to which the department regulates hemp production.

(14)
(
16)
"THC" means tetrahydrocannabinol.

S
ECTION 3.
C
hapter 55, Title 46 of the S.C. Code is amended by
adding:

S
ection
46-55-70
.
(
A) Any consumable hemp
product distributed, sold, or offered for sale to consumers in this State in
violation of this chapter shall be considered contraband and may be seized by
law enforcement as provided for by law.

(
B)
The sale or possession of a consumable hemp product is prohibited by law and
punishable in the same manner as THC pursuant to Sections
44-53-190
and
44-53-370
.

(
C)
Online sales, direct delivery, and direct shipments of consumable hemp products
within or into this State are strictly prohibited. For purposes of this
section, "direct shipment" means the shipment of any consumable hemp product
from any producer or retailer of consumable hemp products directly to a
resident of this State. A person who violates this subsection is guilty of a
misdemeanor and, upon conviction, must be fined not more than three thousand
dollars or imprisoned for three years, or both.

S
ection
46-55-80
. Nothing in this chapter may be construed to limit the interstate
commerce of any product being transported through this State.

S
ection
46-55-90
. Nothing in this chapter may be construed to prohibit the possession,
manufacture, sale, or distribution of CBD products, provided those products do
not produce an intoxicating or psychoactive reaction when consumed by a person.
CBD products that contain THC or intoxicating hemp products or any other
controlled substances are prohibited by law. A person who violates this section
must be punished pursuant to Section
44-53-370
as applicable.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on February 5, 2026 at 9:19 AM