A funny thing happened on the way to the banning, or at least partial banning, of THC-infused edibles and beverages in the state of South Carolina.
A lot of members of the S.C. House of Representatives just said no.
That was the upshot of an occasionally raucous afternoon and evening of floor debate on Feb. 4, when a rare coalition of Democrats and breakaway Republicans forced leaders in the supermajority GOP chamber to pull back a pair of THC-related bills that most expected to pass comfortably.
The first bill, which supporters and opponents alike referred to as a partial hemp ban, would outlaw all THC-infused edibles and allow 12 oz. containers of drinks with 5 milligrams or less of THC. Purchasers would have to be 21 or older and sales would only be allowed in liquor stores. After hours of debate, the bill was sent back to the House Judiciary Committee.
The second proposal, an outright ban on all THC-infused products, ended the week in limbo, never having reached the floor.
Both bills were sponsored by powerful House Judiciary Chairman Weston Newton, R-Beaufort, who made it clear he preferred the full ban, but would support the partial ban as a compromise if necessary.
Proponents argued the partial ban would protect children from an unregulated market without age or potency limits. Additionally, they noted, State Law Enforcement Division Chief Mark Keel has long supported banning all or most THC products for what he has called public safety reasons.
โIโve heard it called the Wild West,โ S.C. Rep. Jay Jordan, R-Florence, told his colleagues. โThis is an effort to rein that in.โ
But opponents were quick to note that THC products are a $1.5 billion business in South Carolina, employing 3,500 people in 1,800 small businesses โ most of which would be shuttered by the bill.
Whatโs more, they argued, itโs not necessary to ban a whole category of popular consumer products that many say give them opioid-free relief from conditions like chronic pain and PTSD in order to set reasonable age restrictions.
That debate came to a head when Dorchester Republican Rep. Greg Ford, who became a grower, processor and retailer of hemp after doctors recommended THC for his then-young sonโs life-threatening seizures, introduced a 28-page amendment to effectively legalize and regulate the industry. His son, he said, is now 24 and relies on THC for his health.
โThe reason he turned 24 is because we found the hemp products,โ Ford said.
After the amendment failed in a close vote, suggesting the partial ban was in trouble, House members voted to return it to committee.
A growing industry under threat
The legal THC products industry in S.C. was born eight years ago, when the U.S. Congress included language approving foods and beverages containing up to 0.3% of Delta-9 THC derived from hemp, but not marijuana, in the 2018 farm bill.
Seemingly overnight, products containing intoxicating levels of Delta-9, as well as other, less common hemp derivatives like Delta-8 and Delta-10, began appearing on shelves in gas stations, vape shops and specialty stores across the Palmetto State.
And according to industry leaders like Rebel Rabbit co-founder Pierce Wylie, some of the early operators, in particular, were โbad actorsโ who used lab-synthesized THC and marketed their products in ways that appealed to children.
Thatโs why he says he supports strong regulations to protect consumer safety and keep the products out of the hands of kids. But with a S.C.-based THC drink manufacturing operation now serving consumers in 14 states, Wylie said the partial banโs 5 milligram limit would threaten everything heโs built over the past five years.
โThere has to be a middle ground where we can protect consumer safety, but also give customers access to a level of THC thatโs effective for them,โ Wylie told Statehouse Report, adding that 10 milligrams seems to be a more reasonable limit based on consumer research.
But if the partial ban is a threat to manufacturers like Wylie, itโs a potential extinction-level event for retailers such as David Spang, founder of Coastal Green Wellness, which has stores in S.C. and Georgia.
Not only would it eliminate edibles entirely, he noted in a Feb. 5 interview, but it would also require the allowed 5 milligram drinks to be sold in liquor stores.
โSo it would just take it out of the hands of the small businesses that helped build this business and hand it over to the alcohol industry,โ he said.
Whatโs next
As noted by industry representatives like Spang, who also serves as president of the pro-regulation S.C. Healthy Alternatives Association,, reaching a compromise with the S.C. legislature would only be the first step toward saving their industry.
The second step? Convincing the U.S. Congress to reverse or delay a provision buried in the November 2025 government reopening bill that radically reduced the allowable concentration of Delta-9 THC from 0.3% by dry weight to .4 milligrams per food or drink item โ a trace amount with no psychoactive or pain-relieving effect, industry sources say.
Christopher Lackner, president of the Hemp Beverage Alliance, a national industry trade group, told Statehouse Report on Feb. 6 that heโs โoptimisticโ about bills in the U.S. House and Senate that would delay implementation of the new federal law for two years. If passed, he said, lawmakers would use that time to create national regulations.
โWeโve heard from several legislators that they werenโt aware of the provision or didnโt have a full understanding of it,โ Lackner said. โAnd what weโre seeing now is legislators rallying to find a regulatory path for hemp products.โ
Back in S.C., Charleston Democratic Sen. Deon Tedder, whoโs introduced his own THC bill in the upper chamber, said careful regulation at the federal and state levels make more sense than any kind of ban.
โBanning this industry would be draconian, killing jobs and killing businesses,โ he said. โWhat we need to do is make sure itโs safe, and that there are guardrails to protect children.โ
Whatโs more, Tedder said, after speaking with Ford about his sonโs story, heโs more convinced than ever of the importance of protecting medical access to safe THC products.
โThatโs a parental rights issue with regard to their childโs health,โ Tedder said. โAnd we shouldnโt be trying to interfere with that.โ
Lawmakers told Statehouse Report they werenโt sure when or in exactly what form the partial ban bill would return to the floor from committee.
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