Is THCA legal in South Carolina?
South Carolina's House killed the hemp regulation bill 28-69 in June. The state lane stays open until federal law closes it on Dec. 11.
The short answer: Under South Carolina law, yes, until federal law says otherwise. South Carolina’s hemp act still measures delta-9 THC, and H.3924, the bill to regulate hemp-derived consumables, died when the House rejected its conference report on June 25, 2026. Federal law counts THCA from Dec. 11, 2026, and that applies in South Carolina regardless. Status as of Oct. 3, 2026.
South Carolina in one table
| Question | Answer, as of Oct. 3, 2026 |
|---|---|
| THCA flower through hemp retail | Open under state law |
| State measure | Delta-9 at 0.3%, or the 7 U.S.C. 5940 level if greater |
| Hemp consumables bill | H.3924, dead: House rejected conference report 28-69 |
| State age law for hemp THC | None enacted |
| Adult-use or medical cannabis | None |
| Federal change | Dec. 11, 2026 |
The definition the state still uses
South Carolina’s Hemp Farming Act, Title 46, Chapter 55, defines the “federally defined THC level for hemp” as “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.” Section 5940 is the 2014 farm-bill research provision, not the 2018 hemp definition that Congress has now rewritten.
The phrase “whichever is greater” matters. It means a stricter federal number does not automatically flow into state law. Congress’s Dec. 11 change will apply in South Carolina because federal law applies everywhere, not because the state statute adopts it.
How H.3924 died
H.3924, filed by Rep. Wooten with dozens of co-sponsors, would have added a new Chapter 56 to Title 46 “to regulate the sale of hemp-derived consumables.” Its history runs from February 2025 through a long back-and-forth:
| Date | Action |
|---|---|
| Feb. 6, 2025 | Introduced in the House |
| March 24, 2026 | Senate roll call, 30-13 |
| April 29, 2026 | Senate refuses House amendments, 16-25 |
| April 30, 2026 | Conference committee appointed |
| June 25, 2026 | Senate adopts conference report, 27-11 |
| June 25, 2026 | House rejects conference report, 28-69 |
The 126th General Assembly’s two-year session has ended, and the bill ended with it. A new attempt would start from scratch in January 2027, after the federal date.
No licensed fallback
South Carolina has neither adult-use nor a general medical marijuana program. For adults in the state, the hemp aisle has been the only legal channel for THC flower, which helps explain why the regulation bill drew such divided votes.
What Dec. 11, 2026 changes
South Carolina’s delta-9 definition stops protecting flower on Dec. 11, 2026, when THCA joins the federal hemp count (federal timeline). High-THCA flower is then marijuana under the federal Controlled Substances Act in Columbia, whatever the state statute says, unless Congress delays again before its stopgap expires that day.
For South Carolina buyers
- The certificate of analysis that shows delta-9 under 0.3 percent satisfies the state test today; it will not satisfy the federal one from Dec. 11. Look at the total THC line.
- Absent a state age law, checking ID is up to each store.
Sources
- S.C. Code Title 46, Chapter 55, Hemp Farming Act
- H.3924 (2025-2026) bill history
Last reviewed Oct. 3, 2026, by the state desk. Not legal advice.
South Carolina THCA questions
Is THCA flower legal in South Carolina?
Under state law, yes as of Oct. 3, 2026: South Carolina's hemp act measures delta-9 THC at 0.3 percent, or the federal level under 7 U.S.C. 5940 if greater. From Dec. 11, 2026, federal law counts THCA and high-THCA flower is no longer hemp.
What happened to South Carolina H.3924?
H.3924 would have regulated hemp-derived consumables. The Senate adopted the conference report 27-11 on June 25, 2026, but the House rejected it 28-69 the same day, and the two-year session ended without a law.
Is there a minimum age for hemp THC in South Carolina?
No state age law for hemp-derived THC products was enacted in the 2025-2026 session. Age rules at the counter are store policy.
Disclosure: THCA Group sells flower. State Pages are reported and edited apart from the market; this page is not an offer to sell or ship into South Carolina, and no Order Request is confirmed before an Operator has spoken with the buyer.
Not legal advice: read the statute, and ask a lawyer licensed in South Carolina. Every state · Shop