South Carolina Cracks Down on Hemp-Derived Products with Intoxicating Effects
Attention all hipsters! Brace yourselves for yet another state cracking down on the use of hemp-derived products. And this time, it’s South Carolina with their extreme approach to food products containing hemp.
South Carolina Department of Health and Environmental Control (DHEC) Issues Warning
In a letter dated Jan. 22, the DHEC has officially banned the manufacture, distribution, and sale of food and beverage products containing hemp-derived ingredients in the state’s marketplace. This means no more CBD-infused snacks or drinks for the people of South Carolina.
FDA Warns Against CBD Products
While CBD products can be easily found in most states due to unclear federal regulations, the U.S. Food & Drug Administration (FDA) has repeatedly warned that these products are illegal under the Federal Food, Drug, and Cosmetic Act. The agency has also delayed finalizing rules, causing confusion for both consumers and manufacturers.
What’s Not Allowed?
According to the DHEC’s letter, the following hemp products are NOT APPROVED to be added to food or beverage products:
– Viable, non-sterilized hemp seeds, raw hemp leaves, and raw microgreens
– Pure CBD Isolate
– Delta-8 THC, Delta-9 THC, or Delta-10 THC
– THC-0 or any other derivative
– “Full spectrum” whole-plant extract with health claims or declarations of THC or CBD
– Any hemp product not manufactured in a food-grade establishment inspected under GMP or cGMP regulations
– Any hemp or hemp-derived product that promotes medical or health benefits
Exceptions to the Rule
The only hemp products that are allowed to be used as ingredients in food and beverage products are hemp seed derivatives. The FDA has evaluated three Generally Recognized As Safe (GRAS) notices for these products and has deemed them safe for consumption. These include:
– Hulled hemp seed (GRAS Notice GRN No. 765; FDA Response Letter)
– Hemp seed protein (GRAS Notice GRN No. 771; FDA Response Letter)
– Hemp seed oil (GRAS Notice GRN No. 778; FDA Response Letter)
DHEC’s Goal: Education and Regulation
While the DHEC’s goal is to educate and regulate the growing niche of manufacturers and distributors of hemp-derived products, their obligation under federal and state law is to remove any non-conforming products from commerce. Sandra Craig, Director of the DEHC’s Division of Food and Lead Risk Assessments, stated in the letter announcing the bans.
Full-Spectrum Extracts Allowed Under Certain Conditions
Sellers are allowed to use full-spectrum whole-plant extract as an ingredient in food and beverage products, but only if the hemp-derived ingredient meets the following requirements:
