“To me, when we begin discussing how we might avoid legalizing marijuana altogether, that is an irreparable loss for me personally.
By Shaun Chornobroff of South Carolina Daily Gazette Teens across South Carolina can access drinks containing THC–the compound found in cannabis that induces psychoactivity–at gas stations throughout the state due to an unintended legal loophole that has unwittingly created alcohol alternatives in an otherwise legal state.
Bipartisan legislation introduced into the House seeks to stop that.
“This has gone way out of hand, and we must corral it,” according to GOP Rep. Chris Wooten from Lexington who spearheads it according to SC Daily Gazette reportage.
Growth was propelled forward by the 2018 federal Farm Bill, which legalized hemp cultivation with very low THC extraction levels.
Though federal legislation legalized delta-9 THC concentrations up to 0.3% “on a dry weight basis” in hemp for human use, neither it nor any 2019 state legislation that followed suit set any guidelines on how much of it could be added into drinks or edible products like gum as additives or set any age requirements for consumption.
They failed to mention other THC derivatives from hemp such as delta-8 or delta-10 THC derivatives.
Vape shops and CBD stores selling products with these compounds have cropped up throughout New Hampshire since 2018–often raising concerns from law enforcement but mostly left alone by legislators. It was when lawmakers learned infused drinks could also be found at gas stations that their legislators took notice.
Now they are trying to clarify exactly what’s legal and not, without unnecessarily shutting people out of business.
Where should the limit lie?
A House panel opened deliberation this week on a bill which would ban sales of hemp-derived consumable products to people under 21 years old.
Legislators, makers of infused beverages and store owners all seemed to support this aspect of CBD legality: setting an age restriction rule was “broad based.” Dylan Lyons from South Carolina-based Your CBD stores stated as such when discussing setting legal age limitations.
As expected, opposition lies primarily around setting limits for intoxicated products.
According to this bill’s current outline, intoxication levels for consumables would be limited to either 0.5 milligrams of delta-9 THC per serving or 25 milligrams maximum in candy bars, chocolate or any other edible form.
“That would literally put us out of business. All our employees would leave,” Lyons, who runs three stores in the Midlands and two in the Upstate, stated regarding proposed milligram limits.
Jim Olson and another owner of Your CBD Stores touted the medicinal applications of their products. Jim said he no longer needed even ibuprofen after switching to CBD.
Pierce Wylie, co-founder of Rebel Rabbit produced and packaged in Greenville, expressed frustration that there is only a half milligram limit per can for delta-9 THC products available to his customers – something which would drive many back towards alcohol products instead.
“This would shut down my business,” Wylie told the Gazette last week. Rep. Seth Rose called such restrictions hypocritical; noting how one of his friends has switched from drinking alcohol altogether but still enjoys an occasional hemp-infused beverage.
His main side effect, according to Columbia Democrat James Reagan, was sleepiness.
“If we want to start criticizing alcohol,” Reagan suggested in response.
South Carolina’s infused beverage industry is still relatively young. High Rise Cannabis Dry Bar opened on James Island in 2023 and serves both delta-8 and delta-9 THC beverages; Peak Drift Brewing Co of Columbia recently released their own line of delta-9 seltzers as well.
Rebel Rabbit drinks typically contain between 5 mg to 10 mg of THC per can, with 30 mg “Wilder Hare” versions due for discontinuation this summer.
Wylie pointed out he already requires consumers to be 21 or over to purchase his products; online buyers must verify they are at least 21 before proceeding with their transaction. High Rise and Peak Drift websites similarly mandate being 21 years or over as part of their customer requirements.
Wylie stated on Wednesday before the House Judiciary subcommittee that drastically decreasing dosage to less than one milligram would virtually wipe out the hemp beverage market in Oregon, leaving only about 10 percent viable products within its confines.
Wooten unveiled a bill the following day which set a limit of 10 mg delta-9 THC per beverage made with hemp-derived delta-9 THC from beverages produced using cannabis plants sourced from hemp, while also banning compounds other than delta-9 in beverages sold commercially. He emphasized how significant an effort this would require before any law comes into force and another piece of this legislation ban compounds other than delta-9 in beverages made using such ingredients.
To remain legal, THC in hemp must be “extracted or purified from an agricultural product without chemical modification.”
Additionally, 15 derivatives created through chemical processes – including delta-8 and delta-10 – have been banned outright by legislation.
Food and Drug Administration officials have not granted them approval as safe products to consume, warning the public about possible side effects.
Todd Hughey, lab director for State Law Enforcement Division (SLED), informed a House panel that such compounds might technically be legal since they don’t fall directly under federal or state legislation; yet these substances pose significant concerns “because they contain psychoactive properties which must be studied”, he advised.
One lawmaker from Horry County expressed concern over hemp-derived THC being used as an illegal alternative for marijuana in South Carolina.
Over the last decade, lawmakers have repeatedly rejected legislation legalizing marijuana for medicinal use due to fears it would legalize all aspects of industry.
“Any time we talk about using marijuana legislation to avoid legalizing marijuana, that’s bad news for me,” stated Rep. William Bailey (R-Little River). In 2014, the Legislature legalized cannabidiol (or CBD). But only for specific applications.
Hemp oil–a marijuana cousin–was specifically approved for patients diagnosed by their doctors as suffering from severe epilepsy. Proponents of hemp farming noted the plant’s versatility as it could be used in clothing or paper production, among many other uses.
But then in 2018, federal legislation overrode the limitations and opened up the industry.
SLED realized its legal ramifications were creating considerable confusion, prompting them to ask the attorney general’s office in 2021 for guidance. Assistant Attorney General David Jones concurred with SLED’s view that Hemp Farming Act legalized THC very narrowly so as to enable licensed production of industrial hemp. In his eight-page legal opinion he issued, Assistant AG Jones confirmed this opinion of SLED and supported their position with regard to Hemp Farming Act legalizing THC within certain limits for licensed production processes.
Jones wrote, “Our position is that the Hemp Farming Act does not recognize or legalize delta-8 THC or any other isomers of THC for agricultural production purposes,” which “would leave this isomer unknowingly on sale at cannabis farms”.
However, he ultimately determined it is up to law enforcement and local prosecutor’s offices to determine when someone violates the law and when someone commits criminal acts. When or if any clarity will come from legislative efforts remains unknown.
House subcommittee chairman has stated his plans for taking testimony for several more weeks.
Rep. Jeff Johnson of Conway noted, “Your business becomes your baby when you invest money into it and we should not do anything that would jeopardize that without knowing exactly what impact that would have.” This story first appeared in South Carolina Daily Gazette.
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