South Carolina’s CBD Showdown a Warning for Other States

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Regardless of where you live, you may believe that CBD is now legal in your state because it seems to be for sale everywhere. From the national video chain Family Video to gas stations, grocery stores, and pharmacies, it seems like every retail business in America is jumping onto the CBD bandwagon. However, most of them are breaking the law by doing so.

Although cannabinoids do have incredible medical properties, not all CBD products have accurate and reliable dosing, and not all of them are sourced from clean cannabis or hemp. There are so many potential risks with the proliferation of CBD products that it was only a matter of time before state and federal agencies began to crack down on the retail sale of these products.

People living in South Carolina recently learned that their state government may be willing to push back against certain CBD products. Workers at state shops were recently surprised when law enforcement officers arrived and seized several pounds of raw, smokable hemp flower being sold over the counter.

Store hav begun selling THC-free hemp as high-CBD herbal smoke, but the legalization of hemp does not necessarily legalize CBD or selling hemp flower. South Carolina laws only allow for the sale of processed hemp and CBD products. Because the flower in these shops was in a raw, unprocessed state, the retail sale of it violated state law.

Arguably, the vast majority of hemp CBD products on sale in states without legalization are also breaking the law, as state legalization created a legal gray area, but the federal government still has a firm stance on CBD. Currently, only one product is legal, and that is Epidiolex, an anti-seizure medication. While the DEA did move that particular product to Schedule IV of controlled substances, all other CBD products still technically fall under a Schedule I classification because they lack the necessary FDA approval for rescheduling.

No one got arrested or charged because of the hemp flower this time, which is good. However, retail workers are likely at some minor risk, even if they are only selling CBD oil alongside video rentals as part of a corporate policy. In fact, South Carolina has issued a deadline for stores selling raw, smokable hemp. Those that don’t comply may face additional legal issues.

Hopefully, individual states and the federal government will soon clarify their stance on cannabis and products containing CBD to eliminate the potential for businesses losing products or consumers failing to understand the legal consequences of their decisions. For now, people who buy or sell CBD products choose to do so at their own risk in many states.

For previous Ladybud articles about CBD, click here.