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S 1214

Hemp-Derived Cannabinoids

2025-2026 Regular Session Introduced by Deon Tedder

Regulates hemp-derived cannabinoids with licensing, testing, labeling, age limits, and penalties, plus school policy bans on hemp products on/at school properties and events.

Referred to Committee on Agriculture and Natural Resources
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Bill Summary · S 1214

Bill Overview

Senate Bill S 1214 (2025-2026, South Carolina) proposes to regulate hemp-derived cannabinoids by creating a new Chapter 56 in Title 46 and to amend tobacco-free school campus policies to reference hemp-derived cannabinoids. The overall aim is to establish licensing, testing, labeling, advertising, age restrictions, and enforcement mechanisms for products containing hemp-derived cannabinoids, along with school policy updates to address use on school properties and events.

Main Purpose and Intent

  • Regulate the sale, distribution, and manufacture of hemp-derived cannabinoid products to protect public health and consumer safety.
  • Define key terms (e.g., batch, hemp-derived cannabinoid, producer, retailer) to clarify responsibilities.
  • Establish licensing and enforcement provisions for producers and retailers.
  • Implement testing, labeling, and packaging standards, including safety and toxin testing.
  • Create child-protection and age-verification measures and penalties for violations.
  • Update school policy to prohibit use of tobacco or hemp-derived cannabinoids on school properties and at school events.

Key Provisions and Changes

New Chapter 46-56: The Sale and Distribution of Products Containing Hemp-Derived Cannabinoid

  • Purpose (46-56-10): Regulate sale and distribution of hemp-derived cannabinoid products.
  • Definitions (46-56-20):
    • Clarifies what constitutes a hemp-derived cannabinoid and which substances are included or excluded.
    • Distinguishes products meant for ingestion or inhalation and lists examples (e.g., Delta-8, THCo, THCa) and exclusions (CBD, CBG, CBN, pure hemp fiber/grains, etc.).
    • Establishes terms for batch, department (Department of Agriculture), producer, retailer, serving, etc.
  • Prohibited Activities (46-56-30):
    • Selling to or purchasing for under-18s; inducing minors to purchase; distributing samples in public spaces; requiring proof of age.
    • Violations are Class A misdemeanors.
  • Retail Handling (46-56-40):
    • All hemp-derived products must be kept behind the counter.
  • Licensing and Enforcement (46-56-60):
    • Licenses required for producers and retailers; effective by January 1, 2025 (whichever is later).
    • Fees: $500 for producers; $250 per retailer location.
    • Background/fitness criteria, inspection rights, annual renewal (fee equal to initial).
    • License denial/revocation and civil penalties up to $1,000 per violation.
    • Revenue deposited into the state general fund for administration.
    • Proximity restriction: no new retail hemp-derived cannabinoid outlets within 1,000 feet of any elementary/secondary school.
  • Violations and Penalties (46-56-70):
    • Offenses for operating without a license; violations are Class A misdemeanors; seizure/forfeiture of non-compliant products.
  • Product Testing and Verification (46-56-80):
    • Mandatory post-manufacture testing for cannabinoids, heavy metals, microbials, mycotoxins, pesticides, residual solvents.
    • Third-party ISO 17025-accredited labs registered with the DEA; batch certificates of analysis required.
    • DHE to post and maintain a registry of qualified labs; process for listing labs on the department website.
    • Labeling: expiration date tied to testing report.
  • Labeling, Packaging, and Advertising (46-56-90):
    • Retail products must meet child-resistant standards and include comprehensive labeling (ingredients, allergens, nutrition facts, warnings about pregnancy, driving impairment, medical-use disclaimer, keep out of reach of children, physician advisory, cannabinoid per-serving and total package amounts, net weight, and expiration).
    • Prohibits marketing tactics appealing to under-18s (e.g., cartoons, superheroes, etc.).
    • Ingestible limits: max 25 mg per serving; no animal/cartoon shapes.
    • Inhalation products: max 3 mL per product.
  • Impairment and Workplace Provisions (46-56-100):
    • Prohibits use while performing negligence-equivalent tasks or while operating vehicles; no requirement for employers to accommodate use.

Amendments to School Policy (Section 59-1-380)

  • Update to require local school districts to implement and enforce a written policy prohibiting use of tobacco or hemp-derived cannabinoids on school grounds, at school events, and by attendees at events if in the presence of students or staff.
  • Policy elements: notice, signage, and enforcement by school personnel with possible disciplinary actions.
  • Collaboration with public health and education departments to implement and support related education and prevention efforts.
  • Effective date: begins with the 2024-2025 school year.

Affected Parties and Impacts

  • Producers and retailers of hemp-derived cannabinoid products: subject to licensing, fees, inspections, testing, labeling, and advertising restrictions.
  • Consumers, including adults and guardians, especially those purchasing for minors, who face age-verification and safety regulations.
  • Laboratories: must be ISO 17025-accredited and DEA-registered to perform required testing.
  • Educational institutions: must update tobacco/hemp policies and enforce restrictions on school property and events.
  • State agencies: Department of Agriculture administers licensing, testing oversight, and enforcement; reports to the General Assembly; funds directed to the general fund.

Timeline and Procedural Notes

  • Licensing requirement: to obtain/maintain licenses by January 1, 2025 (whichever is later).
  • The act as a whole becomes effective upon governor approval.
  • Annual reporting by the Department of Agriculture on enforcement efforts (publicly accessible).

This summary reflects the bill’s structure, substantive provisions, and potential regulatory and public health impacts.

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

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