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US Senate targets hemp as SC lawmakers discuss regulating THC-infused products

In this Aug. 21, 2019 photo, an industrial hemp plant is shown in Clayton Township, Mich. (AP Photo/Paul Sancya)
Paul Sancya/AP
/
AP
In this Aug. 21, 2019 photo, an industrial hemp plant is shown in Clayton Township, Mich. (AP Photo/Paul Sancya)

South Carolina lawmakers are restarting discussions about regulating hemp-derived consumable products. At the same time, the U.S. Senate passed a measure targeting hemp in the bill to reopen the government.

South Carolina lawmakers are looking to send a bill to the governor's desk next year that would ban the sale or distribution of low-dose hemp-derived consumable products, like THC-infused drinks, to anyone under 21.

A short-term funding bill in Congress to reopen the government could threaten the effort.

The bill — H.3924, sponsored by state Rep. Chris Wooten, R-Lexington — passed the House this year and is set to hit the Senate floor in 2026.

South Carolina does not regulate hemp-infused products.

And State Law Enforcement Division Chief Mark Keel told the Senate Agriculture and Natural Resources Subcommittee on Monday that lack of regulation has opened the door for minors to buy THC products at retail and convenience stores.

"Something must be done now to get these dangerous products out of the hands of our young people," Keel said.

Raising the age is likely to have broad support in the Statehouse.

State Sen. Michael Johnson, a York County Republican who chairs the subcommittee, told reporters Monday he plans to hold at least one last hearing before the General Assembly returns in January. The panel, he said, does not plan to stop at age limits and will look at other regulations, including potency — what is not in the current amended bill.

Under the 2018 federal farm bill, Congress separated hemp from the definition of marijuana under the Controlled Substances Act, allowing the purchase of low-dose delta-9 THC concentrated products with no more than 0.3% THC on a "dry weight basis."

The federal law and a state law passed a year later do not specify age requirements or how much of the compound can be added to products.

But just as South Carolina lawmakers restart discussions to regulate THC-infused products, the U.S. Senate passed legislation on Monday to end the government shutdown that includes a measure to further regulate hemp-derived products — a move critics say could kill business and hurt hemp farmers.

South Carolina has 80 licensed hemp farmers as of this year, according to the state Department of Agriculture. The number of farmers who actually harvest the crop may be lower.

That number is far below the state's peak of 265 licensed farmers in 2020.

In states like Kentucky, where farmers harvest more of the crop, farmers and advocates there say the measure will eliminate the industry.

"The hemp provision in this appropriations package wipes out nearly 100% of legal hemp products overnight: killing jobs, crushing farmers, and overriding 23 state laws that already regulate hemp responsibly," said Sen. Rand Paul, a Kentucky Republican who sought Monday to pass an amendment to strip the hemp language inserted by his Kentucky colleague, Sen. Mitch McConnell.

Dawson Hobbs told the Senate agriculture panel Monday that the federal provision would take effect one year from now, designed, he said, to give Congress time to pass a broader package.

Hobbs, who represents the Wine and Spirits Wholesalers of America — the group that represents businesses that distribute some of these products — opposes federal bans.

He recommended state action, arguing people will continue to make hemp-derived THC products as long as the plant is legal.

"And the only people left in the industry will be those that are willing to operate in the shadows and violate federal law. And companies, like our members that are compliant, will not," Hobbs testified. "And so you will have a less safe marketplace rather than a safer one."

Maayan Schechter (My-yahn Schek-ter) is a news reporter with South Carolina Public Radio and ETV. She worked at South Carolina newspapers for a decade, previously working as a reporter and then editor of The State’s S.C. State House and politics team, and as a reporter at the Aiken Standard and the Greenville News. She grew up in Atlanta, Georgia, and graduated from the University of North Carolina-Asheville in 2013.