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S 221

South Carolina Kratom Consumer Protection Act

2025-2026 Regular Session Introduced by Russell Ott

Establishes a uniform statewide minimum purchase age of 21 for alcohol, cannabis, tobacco, and online sports gaming, preempting stricter local age rules.

Act No. 35
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WeVote Research Nonpartisan
Bill Summary · S 221

Summary — S.221 (2025): "An Act to clarify the minimum age for the sale and purchase of adult-use products"

Bill number: S.221
Introduced: January 23, 2025 (filed 1/17/2025)
Current status: Referred to committee (Codes / Consumer Protection & Professional Licensure); hearing scheduled 10/20/2025.
Sponsor(s): (as listed) William J. Driscoll, Jr.; additional names provided in metadata.

Purpose

This bill seeks to establish and clarify a single, statewide minimum legal age of 21 for purchase of alcohol, cannabis products, and tobacco products, and for participation in online sports gaming. It expressly makes that minimum a matter of statewide concern and preempts local laws that would impose different age-based restrictions or birthdate/date-of-birth cutoffs.

Key provisions

  • Adds Section 22A to Chapter 157 of the Acts of 2018.
  • States: "The minimum legal age of purchase for alcohol, cannabis products, and tobacco products is 21 years of age throughout the Commonwealth." Also sets the minimum age to participate in online sports gaming at 21.
  • Declares that a consistent statewide minimum age and the ability of adults and retailers to access/sell these products and services are matters of statewide concern.
  • Contains an explicit preemption clause: notwithstanding any other law, the section "shall preempt, supersede, or nullify any local prohibition or restriction on the purchase or sale" of these products or participation in online sports gaming if that local restriction is based on an age or date/year of birth that differs from the statewide minimum. The text explicitly refers to local laws that prohibit or restrict sales to persons born after a particular date or year.
  • Section 2 directs the Alcoholic Beverages Control Commission, Cannabis Control Commission, Department of Public Health, and Gaming Commission to adopt, amend, or repeal regulations as necessary to implement the Act.

Who is affected

  • Consumers aged under 21: would remain ineligible statewide to purchase alcohol, cannabis, tobacco products, or participate in online sports gaming.
  • Retailers/licensed sellers: would be able to rely on a uniform statewide age standard for sales; local ordinances with different age/date rules would be nullified to the extent they conflict.
  • Municipalities/local governments: would lose authority to set age or birthdate-based purchase restrictions that are stricter or otherwise different than the state standard.
  • State regulatory agencies: ABCC, Cannabis Control Commission, DPH, and Gaming Commission are directed to update regulations.

Procedural / timeline notes

  • Introduced and read twice Jan 23, 2025; referred to relevant committees (Codes and Consumer Protection and Professional Licensure) per legislative actions provided.
  • Hearing scheduled for Oct 20, 2025 (10:00 AM–1:00 PM) in A‑2 (per docket).
  • Agencies named in Section 2 will need to promulgate regulatory changes if the bill becomes law.

Potential impacts and considerations

  • Creates statewide uniformity and reduces local variation in age-based access rules.
  • Could invalidate local "date-of-birth" phase-in or cohort restrictions (e.g., ordinances allowing sales only to those born before/after certain years).
  • May prompt legal or political disputes over local control vs. state preemption.
  • Implementation will require regulatory updates by multiple state agencies; enforcement and compliance guidance (ID checks, retailer training) may need clarification in follow-up rulemaking.

Note: Summary is based on the bill text and docket information provided. Some metadata (sponsors, initial bill title) in the supplied materials appears inconsistent with the bill text; this summary focuses on the enacted text and explicit provisions.

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

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