Capitol Report
By Rep. Robert Q. Williams
S.C. House District 62
The South Carolina House of Representatives concurred in Senate amendments to H.3449 and enrolled the legislation for ratification.
The bill enacts the “South Carolina Hemp Farming Act” to promote the cultivation and processing of hemp, to expand the state’s hemp industry, to open up new commercial markets for farmers and businesses through the sale of hemp products, and to encourage research into hemp growth and hemp products at state institutions of higher education and in the private sector.
The legislation addresses the use of the Cannabis sativa L. plant, with federally defined THC level for hemp, for such uses as cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, cosmetics, personal care products, food, and any other product containing one or more hemp derived cannabinoids, such as cannabidiol.
In light of the enactment of the 2018 Federal Farm Bill, which classifies hemp as an agricultural commodity, this legislation replaces the state’s provisions for cultivating industrial hemp that were previously enacted and provides for the South Carolina Department of Agriculture to submit a state plan to the USDA for approval.
The legislation would eliminate various restrictions that were imposed on the cultivation of hemp, such as the limitations on the number of permits issued and the maximum acreage that could be cultivated.
While these maximum limits are no longer imposed, individuals may only cultivate, handle, or process hemp by obtaining a license issued by the Department of Agriculture under the state plan in a process that includes:
Providing a legal description and location of fields or greenhouses; providing written consent allowing representatives of the department, South Carolina Law Enforcement Division (SLED), and members of local law enforcement agencies, to enter onto all premises where hemp is cultivated, processed, or stored for the purposes of conducting physical inspections.
Also, obtaining samples of hemp or hemp products, or otherwise ensuring compliance with the requirements of applicable laws and regulations; and also submitting to a criminal-records check.
No one who has been convicted of a felony, a drug related misdemeanor, or drug related violation in the 10 years prior to the submission of the application will be eligible to obtain a license under the legislaton as written.
The state plan must include laboratory testing for delta 9 tetrahydrocannabinol to ensure that hemp crops do not contain the high THC levels that are found in controlled substances.
Criminal penalties continue to be provided to address the cultivation of industrial hemp as a means of disguising marijuana production or distribution operations.