The consequences of CBD possession or distribution in South Carolina

South Carolina criminal defense attorneyIt’s illegal to possess or distribute marijuana in South Carolina. You are, however, allowed to possess or sell a substance that is related to marijuana. That substance is cannabidiol oil, also known as CBD oil, which is derived from hemp plants.

While on the surface there appears to be a clear division between a legal and illegal product, CBD oil can, in fact, fall into a gray area of the law. If CBD oil contains too much THC, which is the part of cannabis that makes people feel high, someone who possesses or sells the product can face marijuana charges.

Is my CBD oil legal in South Carolina?

The Myrtle Beach Police Department, with help from the South Carolina Law Enforcement Division (SLED), are testing CBD oil sold in stores to determine the levels of THC, according to Myrtle Beach Online.

In 2014, South Carolina passed “Julian’s Law,” which allowed for the possession and distribution of CBD under certain circumstances. Medical patients with severe forms of seizure disorders can legally possess CBD oil that contains no more than 0.9 percent THC. Federal laws allow for the sale of CBD oil if THC levels are under 0.3 percent. Store owners say the oil helps people with chronic pain and anxiety.

Some stores are selling synthetic marijuana

In some cases, products that are labeled as CBD oil are in fact synthetic marijuana, which can have unpredictable and sometimes dangerous effects on the body. Synthetic marijuana is sold under names such as K2 and Spice and has been referred to as “fake weed.”

Vape stores may carry legal CBD oil, but may also sell synthetic marijuana. Consumers understandably may not fully understand what they’re purchasing.

According to Myrtle Beach Online, during a City Council meeting Myrtle Beach, Mayor Brenda Bethune raised concerns about the packaging of CBD oil products. Some of the edibles come in the form of lollipops or gummy bears, which can be appealing to children.

How an attorney can help

Whether you are a store owner who sells CBD oil or you are a consumer who purchases it, you could end up in legal trouble if the oil contains too much THC. Being charged – even for simple possession of marijuana – can be an upsetting and costly ordeal.

If you have been charged or you are under investigation, you will need an attorney on your side who has the experience and knowledge to provide a strong defense. Contact Attorney Matt Bodman today to learn more.

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