SC’s High Confusion: What the Law Really Says About Delta-8, Delta-9 and THC

Walk into any vape shop or convenience store and chances are you’ll spot gummies, vapes or oils labeled “Delta-8” or “THC-O,” and THCa.” They’re often marketed as legal alternatives to marijuana - and in many states, they are. But in South Carolina, the line between legal and illegal is hazy at best.

This post was inspired by a question from one of our social media followers - a reminder that even everyday products can raise serious legal issues. So before you light up or stock up, here’s what you need to know.|

What is Delta-8, Delta-9 and THCa?

Let’s clear the air. THCa is the chemical precursor to THC. The application of heat turns THCa into THC.

Delta-9 THC is the main psychoactive compound in marijuana - the one that produces the “high.” It’s classified as a controlled substance in both South Carolina and under federal law.

Delta-8 THC is chemically similar to Delta-9, but it’s made from hemp. Thanks to a loophole in the 2018 federal Farm Bill, hemp-derived products with less than 0.3% Delta-9 THC are legal at the federal level. That’s why you’re seeing so many Delta-8 products on shelves, especially in states without legalized marijuana. But Delta-8 can still get you high, and in most cases, it still shows up on drug tests.

Is Delta-8 Legal in South Carolina?

Technically, the state hasn’t passed a law banning Delta-8 outright. But the South Carolina Attorney General’s Office has issued an opinion that Delta-8 is illegal, and law enforcement across the state has adopted that position.

That means people are getting arrested and charged with possession, even when they bought Delta-8 legally over the counter.

There’s a big gap between what’s being sold and what’s actually legal to possess.

The only clear legal standard in South Carolina is THC content. Under current law, the only legal products are those that test below 0.3% THC. But here’s the catch: products like Delta-8, Delta-9, THC-O, and THCa are not regulated, and they’re rarely tested independently. That means it doesn’t matter what the label says or how the product is marketed—if it comes back with 0.3% THC or higher, it’s illegal.

How People Get in Trouble

Most Delta-8 arrests in South Carolina don’t involve large quantities or intent to distribute. They happen during routine traffic stops when someone has a vape pen in the car or an edible in their bag. The problem? These products often look, smell and act just like traditional marijuana.

Field tests used by law enforcement can’t tell the difference between Delta-8 and Delta-9. So even if you know what you bought, an officer may treat it as a criminal offense - and that could lead to a possession charge.

What to Do If You’re Charged

If you’ve been charged with possession of Delta-8, Delta-9 or any THC product in South Carolina, don’t assume it’s no big deal. A drug conviction can impact your criminal record, your license, your employment - even your ability to qualify for financial aid or housing.

You need someone who understands the complexity of South Carolina’s THC laws and knows how to protect your rights.

Talk to a Criminal Defense Attorney in Georgetown

At Erin Bailey Law, we’ve helped people across Georgetown and the Lowcountry navigate confusing criminal charges with clarity and confidence. What feels like a simple mistake today can have lasting effects on your future - and we’re here to help you face it head-on.

A consultation can help you understand your options and make the best decision for you. Call 843-485-4540 or request a consultation online to speak with our trial lawyer team today.

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