Intoxicating Hemp Beverages

2025-2026 Bill 4759: Intoxicating Hemp Beverages - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
H. 4759
STATUS INFORMATION
General Bill
Sponsors: Reps. W. Newton, Bailey, Bradley, Brewer, Chapman, Crawford, Davis, Erickson, Gilliam, Guest, Haddon, Hartz, Herbkersman, Hewitt, Hiott, Hixon, Holman, Lawson, Ligon, Long, Lowe, Martin, T. Moore, B. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Schuessler, Sessions, G.M. Smith, M.M. Smith, Taylor, Vaughan, Whitmire, Willis, Wooten, Yow and C. Mitchell
Companion/Similar bill(s): 3924, 3935, 4758
Document Path: LC-0391SA26.docx
Introduced in the House on January 13, 2026
Last Amended on February 4, 2026

Currently residing in the House
Summary: Intoxicating Hemp Beverages
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 added as sponsor: Yow, C.
Mitchell

1/28/2026

House

Member(s) request name removed as sponsor: McCravy

1/29/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 6
)

2/3/2026

House

Requests for debate-Rep(s). B Newton, Kirby,
Martin, McCravy, Caskey, Pope, Ballentine,
Magnuson, Edgerton, Hiott, Erickson, Gilliam (
House Journal-page 16
)

2/3/2026

Scrivener's error corrected

2/4/2026

House

Amended (
House Journal-page 60
)

2/4/2026

House

Recommitted to Committee on
Judiciary
(
House Journal-page 60
)

2/5/2026

Scrivener's error corrected

2/5/2026

House

Member(s) request name removed as sponsor: Gatch

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025
01/29/2026
02/03/2026
02/04/2026
02/05/2026

Indicates Matter Stricken

Indicates New Matter

Amended - Not Printed Bill for the House

Amt. No. 1 (LC-4759.SA0003H.docx)

February 4, 2026

H. 4759

Introduced by Reps. W. Newton, Bailey, Bradley,
Brewer, Chapman, Crawford, Davis, Erickson, Gatch, Gilliam, Guest, Haddon,
Hartz, Herbkersman, Hewitt, Hiott, Hixon, Holman, Lawson, Ligon, Long, Lowe,
Martin, T. Moore, B. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Schuessler,
Sessions, G. M. Smith, M. M. Smith, Taylor, Vaughan, Whitmire, Willis, Wooten,
Yow and C. Mitchell

S. Printed 2/4/26--H. [SEC
2/5/2026 9:20 AM]

Read the first time January 13, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
46-55-5
SO AS TO PROVIDE A PURPOSE OF REGULATING THE SALE AND DISTRIBUTION OF
CONSUMABLE HEMP PRODUCTS; BY AMENDING SECTION
46-55-10
, RELATING TO HEMP
FARMING DEFINITIONS, SO AS TO ADD DEFINITIONS FOR "CONSUMABLE HEMP PRODUCT" AND
"INTOXICATING HEMP PRODUCT"; BY ADDING SECTION
46-55-70
SO AS TO PROHIBIT THE
SALE OF CERTAIN CONSUMABLE HEMP PRODUCTS; BY ADDING SECTION
46-55-80
SO AS TO
PROVIDE THAT INTERSTATE COMMERCE IS NOT BEING LIMITED; AND BY ADDING CHAPTER 14
TO TITLE 61 SO AS TO PROVIDE DEFINITIONS RELATING TO INTOXICATING HEMP
BEVERAGES, PROVIDE FOR ENFORCEMENT, PROVIDE FOR INTOXICATING HEMP BEVERAGE
PRODUCT REQUIREMENTS, AND TO PROVIDE FOR LICENSING AND TAXES.

Amend Title To Conform

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 regulate the sale and distribution
of consumable hemp products. It is the intent of the General Assembly that the
manufacture, sale, and distribution of consumable hemp products is strictly
prohibited unless specifically provided for in this chapter and Chapter 14,
Title 61. In acknowledging consumable hemp products may be intoxicating, the
regulation and control of such products in this State is in the interest of
public health and safety through ensuring proper age verification and the state's
ability to efficiently enforce the requirements and restrictions contained in
this chapter.

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) "Cannabinoids" means any
tetrahydrocannabinol (THC) derived from hemp except CBD, CBG, CBC, or other
non-intoxicating hemp products that cause a psychoactive reaction.

(2)
(
3)
"Commercial sales" means the sale of hemp products in
the stream of commerce, at retail, wholesale, and online.

(3)
(
4)
"Commissioner" means the Commissioner of the South
Carolina Department of Agriculture.

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

(4)
(
6)
"Cultivating" means planting, watering, growing, and
harvesting a plant or crop.

(5)
(
7)
"Department" means the South Carolina Department of
Agriculture.

(6)
(
8)
"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)
(
9)
"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)
(
10)
"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
the federally
defined THC level for hemp
a delta-9 tetrahydrocannabinol
(THC) concentration of not more than three-tenths of one percent (.3%) on a dry
weight basis
. Hemp shall be considered an agricultural commodity.

(9)
(
11)
"Hemp products" means all products with
the federally defined THC level for hemp

a delta-9 tetrahydrocannabinol (THC) concentration of not more
than three-tenths of one percent (.3%) on a dry weight basis
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.

(
12) "Intoxicating hemp product" means
a product comprised of 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 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; or

(
xvii) any other substance that
contains THC that, when ingested, inhaled, or absorbed into the body, produces
an intoxicating or psychoactive reaction.

(10)
(
13)
"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)
(
14)
"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)
(
15)
"Processing" means converting an agricultural
commodity into a marketable form.

(
16) "SLED" means the South Carolina
Law Enforcement Division.

(
17) "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.

(13)
(
18)
"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)
(
19)
"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 possessed, distributed, sold, or offered for sale to consumers in this
State in violation of this chapter is considered contraband and may be seized
by law enforcement as provided for by law.

(
B)
The sale or possession of a consumable hemp product, other than hemp beverages
governed by Chapter 14, Title 61, 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 deliveries, 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 is convicted of this subsection is guilty
of a misdemeanor and may be fined up to three thousand dollars or up to three
years in jail, or both.

(
D)
SLED is vested with the enforcement of this section.

S
ection
46-55-80
. Nothing in this chapter may be construed 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 of one percent on a dry weight basis, produced in accordance with
7 U.S.C Section 1639o et. seq.

S
ECTION 4.
T
itle 61 of the S.C. Code is amended by adding:

C
HAPTER 14

I
ntoxicating Hemp Beverages

A
rticle 1

D
efinitions

S
ection
61-14-20
.
A
s used in this chapter:

(
1)
"Batch" means a specific quantity of a specific product containing cannabinoids
which are manufactured at the same time and use the same methods, equipment,
and ingredients that are uniform and intended to meet specifications for
identity, strength, purity, and composition and is manufactured, packaged, and
labeled according to a single-batch production record executed and documented.

(
2)
"Cannabinoids" means any tetrahydrocannabinol (THC) derived from hemp except
CBD, CBG, CBC, or other non-intoxicating hemp products.

(
3)
"Certificate of Analysis" means a document issued by an independent testing
laboratory which provides information about the chemical composition of a
particular batch of a consumable hemp product.

(
4)
"Department" means the South Carolina Department of Revenue.

(
5)
"Hemp" means 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
(THC) concentration of not more than three-tenths of one percent on a dry
weight basis.

(
6)
"Hemp beverage" is an intoxicating, alcoholic beverage subject to the exercise
of the police power of the General Assembly pursuant to Section 1, Article
VIII-A of the South Carolina Constitution. "Hemp beverages" may not contain
more than five milligrams, per serving, of hemp-derived tetrahydrocannabinol
(THC) with concentrations of delta-9 THC of not more than 0.3 percent on a dry
weight basis and must be sold in twelve-ounce cans or bottles. A beverage
containing any other intoxicating hemp product as defined in Section
46-55-10
,
whether combined with delta-9 THC or not, is strictly prohibited by law.

(
7)
"Manufacture" means to compound, blend, extract, infuse, cook, or otherwise
make or prepare hemp beverages, including the processes of extraction,
infusion, packaging, repackaging, labeling, and relabeling of hemp beverages.

(
8)
"Producer" means a manufacturer, bottler, or importer of hemp beverages into
the United States.

(
9)
"Proof of age" means a valid driver's license or other government-issued
identification card that contains a photograph of the person and confirms the
person's age as twenty-one years of age or older.

(
10)
"Retailer" means a person or entity that sells hemp beverages for consumption
and not for resale.

(
11)
"Retail establishment" means a place of business open to the general public for
the sale of goods or services.

(
12)
"Serving" means a hemp beverage containing twelve fluid ounces.

(
13)
"SLED" means the South Carolina Law Enforcement Division.

(
14)
"THC" means tetrahydrocannabinol.

(
15)
"Wholesaler" means a person who purchases, acquires, or imports from outside
this State or who purchases or acquires from a manufacturer or producer in the
State hemp beverages for resale.

A
rticle 3

E
nforcement

S
ection
61-14-300
.
(
A) The functions,
duties, and powers set forth in this chapter are vested in the department and
SLED. The department must administer the provisions of this chapter, and SLED
must enforce the provisions of this chapter.

(
B)
All hemp beverages distributed into or within the State and offered for sale
and sold to consumers in this State must be governed by this chapter.

(
C)
Any hemp beverage possessed, distributed, sold, or offered for sale to
consumers in this State in violation of this article must be considered
contraband and may be seized by law enforcement as provided for by law.

(
D)
The department shall administer the provisions of this article related to the
licensing and taxation of hemp beverages.

(
E)
SLED is vested with the enforcement of this article.

(
F)
The department and SLED are authorized to promulgate regulations necessary to
carry out the duties imposed upon them by law for the proper administration and
enforcement of, and consistent with, this article including, but not limited
to:

(
1)
regulations for the application and issuance of hemp beverage licenses;

(
2)
regulations to prevent the unlawful manufacture, bottling, sale, distribution,
transportation, and importation of hemp beverages;

(
3)
regulations necessary to effect an equitable distribution of hemp beverages in
this State;

(
4)
regulations for the analysis of hemp beverages sold in this State and for a
procedure for obtaining the samples for this purpose;

(
5)
regulations governing the administration and enforcement of provisions relating
to producers and wholesalers of hemp beverages; and

(
6)
regulations for application for and issuance of hemp beverage licenses and the
sale, distribution, promotion, and shipment of hemp beverages into and within
the State.

S
ection
61-14-310
. SLED has the exclusive authority to enforce the provisions of this
chapter in a manner that may reasonably be expected, and shall conduct random,
unannounced inspections at locations where such products are sold or
distributed to ensure compliance with this chapter.

S
ection
61-14-320
.
(
A) It is unlawful for a
person to knowingly sell or distribute hemp beverages to a person who is under
twenty-one years of age or to purchase hemp beverages on behalf of a person who
is under twenty-one years of age.

(
B) A
person who violates this section must be punished in accordance with Chapter 6,
Title 61 related to sales of liquor to underage persons including, but not
limited to, Sections
61-6-4070
,
61-6-4075
,
61-6-4080
, and
61-6-4090
.

(
C)
(
1) It is unlawful for a person under
the age of twenty-one to purchase, attempt to purchase, consume, or knowingly
possess consumable hemp beverages. Possession is prima facie evidence that it
was knowingly possessed. It is also unlawful for a person to falsely represent
his age for the purpose of procuring consumable hemp beverages.

(
2)
A person who violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction, must be fined not less than one hundred
dollars nor more than two hundred dollars or must be imprisoned for not more
than thirty days, or both.

(
D)
The sale or possession of a hemp beverage containing more than five milligrams
of hemp derived delta-9 THC per twelve ounces or any beverage containing any
other intoxicating hemp products, whether combined with delta-9 THC or not, is
prohibited by law and punishable in the same manner as THC pursuant to Sections
44-53-190
and
44-53-370
.

(
E) A
person who is charged with a violation of this section may avail themselves of
any affirmative defenses, diversion programs, conditional discharge provisions,
intervention programs, or similar alternatives to conviction and sentencing
that are provided by law and would be available to a person charged with a
similar violation involving alcoholic liquor.

S
ection
61-14-330
.
(
A) A person engaged in
the business of selling retail hemp beverages must post, in each location that
he has obtained a license, a sign with the following words printed: "The
possession of hemp-derived beverages by a person under twenty-one years of age is
a criminal offense under the laws of this State, and it also is unlawful for a
person to knowingly give false information concerning his age for the purpose
of hemp beverages." The department shall prescribe by regulation the size of
the lettering and the location of the sign on the seller's premises.

(
B) A
retail seller of hemp beverages who fails to display the sign required by this
section is guilty of a misdemeanor and, upon conviction, must be fined not more
than one hundred dollars or imprisoned for not more than thirty days.

S
ection
61-14-340
.
(
A) This article does
not permit a person to:

(
1)
undertake any task under the influence of hemp beverages when doing so would
constitute negligence or professional malpractice; or

(
2)
operate, navigate, or be in actual physical control of a motor vehicle,
aircraft, motorized watercraft, or any other vehicle while under the influence
of a hemp beverage.

(
B)
This article does not exempt a person from prosecution for a criminal offense
related to impairment or intoxication resulting from use of hemp beverages or
relieve a person from any requirement under law to submit to a breath, blood,
urine, or other test to detect the presence of a controlled substance.

S
ection
61-14-350
. It is unlawful for a person to have in his possession, except in the
trunk or luggage compartment, a consumable hemp product in an open container in
a motor vehicle of any kind while located upon the public highways or highway
rights of way of this State. This section must not be construed to prohibit the
transporting of consumable hemp products in a closed container, and this
section does not apply to vehicles parked in legal parking places during
functions such as sporting events where law enforcement officers are on duty to
perform traffic control duties. A person who violates the provisions of this
section is guilty of a misdemeanor and, upon conviction, must be fined not more
than one hundred dollars or imprisoned not more than thirty days.

S
ection
61-14-360
.
I
t is unlawful to sell consumable hemp
products on Sunday except as authorized by law, on Christmas Day, or during
periods proclaimed by the Governor in the interest of law and order or public
morals and decorum. Full authority to proclaim these periods is conferred upon
the Governor in addition to all his other powers. A person who violates a
provision of this section is guilty of a misdemeanor and, upon conviction, must
be punished as follows:

(
1)
for a first offense, by a fine of two hundred dollars or imprisonment for sixty
days;

(
2)
for a second offense, by a fine of one thousand dollars or imprisonment for one
year; and

(
3)
for a third or subsequent offense, by a fine of two thousand dollars or
imprisonment for two years.

A
rticle 5

P
roduct Requirements

S
ection
61-14-500
.
(
A) A hemp beverage may
not be distributed into or within the State or offered for sale or sold at
retail within the State, unless the product:

(
1)
has a corresponding certificate of analysis described in Section
61-14-520

issued by an independent testing laboratory that tests the batch from which the
product was produced;

(
2)
is in the original sealed container as packaged by the producer and meets the
packaging restrictions in Section
61-14-530
;

(
3)
meets the serving size and product content requirements, including total THC,
described in Sections
61-14-20
and
61-14-320
; and

(
4)
meets the labeling requirements described in Section
61-40-540
.

(
B)
Every distributor and retailer shall maintain and make immediately available
for inspection to any law enforcement officer or authorized agent of the board
a copy of the certificate of analysis of each consumable hemp product being
distributed by a distributor or offered for sale by a retailer.

(
C)
Any person, including any servant, agent, or employee of the person who
distributes, sells, or offers for sale any hemp beverage in violation of this
section is subject to the following penalties:

(
1)
for a first offense within a three-year period, a fine of one thousand dollars;

(
2)
for a second offense within a three-year period, a fine of two thousand five
hundred dollars; and

(
3)
for a third or subsequent offense within a three-year period, a fine of five
thousand dollars.

S
ection
61-14-510
.
I
n order to protect the health, safety,
and welfare of the residents of this State from dangerous foreign products, an
independent testing laboratory must meet all of the following requirements:

(
1)
is accredited by a third-party accrediting body as a competent testing
laboratory pursuant to International Organization for
Standardization/International Electrotechnical Commission (ISO/IEC) 17025:2017
of the International Organization for Standardization;

(
2)
does not have a direct or indirect interest in the producer whose product is
being tested; and

(
3)
does not have a direct or indirect interest in a facility that cultivates,
processes, distributes, or sells hemp or consumable hemp products in this State
or in another jurisdiction.

S
ection
61-14-520
.
(
A) The protocols for
testing a hemp beverage by an independent testing laboratory must include the
following, as well as a determination of corresponding tolerance limits:

(
1)
cannabinoid content and potency including, but not limited to, all of the
following:

(
a)
total THC (THC+THCA);

(
b)
total CBD (CBD+CBDA);

(
c)
THC/CBD ratio, if applicable; and

(
d)
percent of THC relative to original plant material (w/w);

(
2)
terpene profiles;

(
3)
heavy metals;

(
4)
chemical contamination, such as residual solvents remaining after extraction
and concentration;

(
5)
microbials, including pathogenic microbials;

(
6)
mycotoxins; and

(
7)
residual insecticides, fungicides, herbicides, and growth regulators used
during cultivation.

(
B)
The certificate of analysis must include, at a minimum, all of the following:

(
1)
the batch number or lot number of the product;

(
2)
the date the certificate of analysis is issued;

(
3)
the method of analysis for each test conducted;

(
4)
the product name;

(
5)
a scannable barcode or quick response code linked to the label on the
consumable hemp product container;

(
6)
the cannabinoid profile by the percentage in dry weight of CBD and total THC
content and verification that the product contains an amount of total THC not
exceeding that which is stated on the label of the product; and

(
7)
a listing of all ingredients for each product, including, if present, solvents,
pesticides, microbial contaminants, and heavy metals.

S
ection
61-14-530
.
P
ackaging of consumable hemp products:

(
1)
may not bear the likeness or contain cartoon-like characteristics of a real or
fictional person, animal, or fruit that appeals to children;

(
2)
may not be modeled after a brand of products primarily consumed by or marketed
to children;

(
3)
may not include a statement, artwork, or design that could reasonably mislead
an individual to believe that the package contains anything other than a
consumable hemp product; and

(
4)
must be child-resistant.

S
ection
61-14-540
.
E
ach container of a hemp beverage must be
labeled to include, at a minimum:

(
1)
a list of all ingredients in descending order of predominance;

(
2)
a scannable barcode or quick response code linked to the certificate of
analysis;

(
3)
the manufacture date and expiration date;

(
4)
the batch number must correspond to the certificate of analysis;

(
5)
the total number of milligrams of THCs found in the container;

(
6)
the serving size;

(
7)
the total number of milligrams of THCs per serving; and

(
8)
the following warnings:

(
a)
to keep the product out of reach of children;

(
b)
that consumption of the product may cause the person to fail a drug test due to
THC being present;

(
c)
that the product is not safe nor intended for any person under twenty-one years
of age;

(
d)
must contain the words "CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE
HARMFUL. CONSUMPTION OF CERTAIN CANNABINOIDS IMPAIRS YOUR ABILITY TO DRIVE AND
OPERATE HEAVY MACHINERY. PLEASE USE EXTREME CAUTION."; and

(
e)
a statement that the hemp beverages are not approved for any medical use by the
United States Food and Drug Administration.

A
rticle 7

L
icensing; Relationship between Manufacturers,
Wholesalers, and Retailers; Taxation

S
ection
61-14-700
.
(
A) A manufacturer,
wholesaler, or retailer of hemp beverages must be in possession of a valid
applicable hemp beverage license issued by the department that has sole and
exclusive power to issue hemp beverage licenses.

(
B)
The department may issue, subject to revocation, the following licenses:

(
1)
hemp beverage manufacturers' licenses which authorize the licensees to
manufacture hemp beverages and to sell, deliver, or ship hemp beverages, in
accordance with regulations, in bottles, cans, or in similar closed containers
to a person in this State who has a wholesaler's license issued pursuant to
this article, and in barrels, bottles, cans, or other closed containers to
persons outside this State. However, deliveries or shipments may not be made
into another state whose laws prohibit the consignee from receiving or selling
hemp beverages;

(
2)
hemp beverage wholesalers' licenses which authorize the licensees to purchase,
store, keep, possess, import into this State, transport, sell, and deliver hemp
beverages in bottles or similar closed containers, in accordance with
regulations, to a person having a manufacturer's or retail dealer's license
issued pursuant to this article; and

(
3)
hemp beverage retail dealers' licenses which authorize the licensees to
purchase hemp beverage from wholesalers having licenses issued pursuant to this
article, and to store, keep, possess, and sell alcoholic liquors at retail. A
hemp beverage retail dealer's license may only be issued to a retailer who is
in possession of a valid retail liquor store license.

(
C)
The department is authorized to issue, suspend, revoke, renew, or decline to
renew hemp beverage licenses pursuant to Article 3, Chapter 6, Title 61;
Sections
61-2-90
through 140; and Section
61-2-260
.

S
ection
61-14-710
.
(
A) A manufacturer of
hemp beverages or a person who imports these products produced outside the
United States may not sell, barter, exchange, transfer, or deliver for resale
hemp beverages unless the person holds a valid hemp beverage wholesaler's
permit, and a holder of a hemp beverage wholesaler's permit may not sell,
barter, exchange, transfer, or deliver for resale hemp beverages to a person
who does not have a hemp manufacturer's license or hemp beverage retailer's
license and an alcohol liquor store license.

(
B)
Manufacturers of hemp beverages are subject to Sections
61-6-1100
and
61-6-1110

in the same manner and to the same extent as those provisions apply to
manufacturers of alcoholic liquor.

(
C)
Wholesalers of hemp beverages are subject to Article 3, Chapter 6, Title 61 in
the same manner and to the same extent as those provisions apply to wholesalers
of alcoholic liquor.

(
D)
Retailers of hemp beverages must maintain an alcohol liquor store permit in
order to sell hemp beverages. Retailers of hemp beverages are subject to
Article 3, Chapter 6, Title 61 in the same manner and to the same extent as
those provisions apply to alcoholic liquor.

S
ection
61-14-720
.
(
A) The biennial license
taxes on licenses granted pursuant to this article in addition to all other
license taxes, are as follows:

(
1)
manufacturer's license: fifty thousand dollars;

(
2)
wholesaler's license: twenty thousand dollars;

(
3)
retail dealer's license: one thousand two hundred dollars.

(
B)
Each applicant shall pay a filing fee of one hundred dollars, which must
accompany the initial application for each location and is not refundable.

(
C) A
person who applies for a license after the first day of a license period shall
pay license fees in accordance with the schedule provided in Section
61-6-1810
.

S
ection
61-14-730
.
(
A) Hemp beverage sales
must be taxed at the same rate and in the same manner as alcoholic liquors
pursuant to Article 3, Chapter 33, Title 12 except Section
12-33-245
.

(
B)
Wholesale of hemp beverages must be taxed at the same rate and in the same
manner as Article 5, Chapter 33, Title 12.

S
ECTION 5.
A
rticle 3, Chapter 14, Title 61 of the S.C. Code is
amended by adding:

S
ection
61-14-370
. 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.

S
ECTION 6. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 7. The prohibition and enforcement of
hemp beverage distribution and sales to individuals under the age of twenty-one
are effective upon signature of the Governor. The remaining provisions of this
act are effective October 1, 2026.

----XX----

This web page was last updated on February 5, 2026 at 9:21 AM