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H 5667

Apothecary Retailer Act

2025-2026 Regular Session Introduced by Justin Bamberg

Creates a new apothecary retailer license to sell regulated hemp, nicotine cessation, and wellness products in age-restricted, behind-the-counter stores.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 5667

Summary of Bill H 5667 (2025-2026) – Apothecary Retailer Act (South Carolina)

Purpose and intent

  • Establish a new, dedicated retail category called “apothecary retailers” to regulate the sale of certain hemp-derived cannabinoid products, smoking cessation products, and wellness products.
  • Create a controlled, age-restricted retail environment intended to enhance public health, consumer safety, and compliance, and to support small businesses (including veteran-owned operations) in South Carolina.
  • Exempt apothecary retailers and the covered products from regulation under Title 61 (the state Alcoholic Beverage Control framework), and place licensing and enforcement under the Department of Revenue.

Key definitions

  • Apothecary retailer: A retail establishment licensed by the Department of Revenue to sell regulated wellness and alternative products in a controlled, age-restricted environment.
  • Covered product: Includes:
    • Hemp-derived cannabinoid products (e.g., low-dose beverages with up to 10 mg THC per serving, edibles, tinctures, topicals, CBD products).
    • Smoking cessation products (nicotine replacement therapies like patches, gum, lozenges; vapor products for adult use; reduced-risk nicotine delivery products).
    • Wellness/alternative products (herbal/botanical products, nonalcoholic functional beverages, dietary supplements, plant-based wellness products).

Licensing and regulatory framework

  • License: The Department of Revenue must establish an apothecary retailer license with an annual fee of $300 per location. Each retail location requires its own license.
  • Licenses are not tied to an existing liquor license, and apothecary licenses are not classified under Title 61.
  • License priority may be given to:
    • Existing compliant apothecary retailers.
    • South Carolina-based operators.
    • Businesses primarily engaged in covered product sales.
  • The Department of Revenue will promulgate regulations and enforce provisions.

Age and access restrictions

  • Age limit: It is unlawful to sell or provide a covered product to a minor under 21.
  • Businesses must verify age; failure to demand proof of age is not a defense, but providing verification that is reasonably relied upon can be a defense.
  • Covered products must be kept behind the counter and accessible only to employees; no vending machine sales.
  • On-site consumption of covered products is prohibited unless expressly authorized by law.

Product standards and labeling

  • Apothecary retailers must ensure all covered products meet applicable testing, labeling, and packaging requirements.
  • Hemp-derived products must not exceed 10 mg THC per serving and must not contain synthetic cannabinoids.
  • Products must not be marketed to minors or resemble products intended for children.

Regulatory scope and exemptions

  • Covered products, including hemp-derived cannabinoids and nonalcohol wellness beverages, must not be regulated or restricted under Title 61 (i.e., they fall outside traditional alcohol-related regulatory frameworks).

Enforcement and penalties

  • Violations by an apothecary retailer or its employees may result in license suspension or revocation, and/or civil penalties as determined by the Department of Revenue.

Effective date

  • The act takes effect upon approval by the Governor.

Additional notes

  • Introduction and first reading occurred on May 6, 2026; referred to the Judiciary Committee.
  • Primary sponsor: (Name not listed in provided text); Co-sponsor: Justin Bamberg.

Potential impact

  • Establishes a regulated, age-restricted retail channel for hemp-derived cannabinoids and related wellness products, and smoking cessation items.
  • Creates a distinct licensing regime with a standardized $300 annual fee per location.
  • Aims to improve consumer protection through behind-the-counter access, age verification protocols, and product testing/labeling standards.
  • May affect existing tobacco/alcohol retail frameworks by carving out Title 61 regulation for covered products and moving oversight to the Department of Revenue.

Compiled from official sources — confirm details with the bill’s official record.

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