Committee adopts age restriction amendment, advances hemp-derived consumables bill amid safety and regulatory debate

The House Judiciary subcommittee voted to adopt an amendment limiting sales and possession of intoxicating hemp-derived consumables to persons 21 and older, then advanced House Bill 3924 with a favorable report as amended following extensive testimony from industry representatives, law enforcement and health experts.

Representative William Bailey offered the amendment to set an age limit; the committee adopted it by voice vote and later approved the bill. "I'd like to offer an amendment where we can only address ... the age limit on what these products can be sold and how they can be consumed," Bailey said before the committee adopted his language.

Representative Wooten, sponsor of HB3924, told the panel the products on the market include beverages and other consumables with concentrations of THC that can produce delayed and strong intoxicating effects. "There's enough product right here to get all these people wasted in this room," Wooten said as he displayed samples to the committee. He described a sample labeled 160 milligrams of THC and warned of delayed onset and stronger modern THC extracts compared with older marijuana products: "...there's a delayed effect on it as you continue to consume it."

Industry witnesses said they support age verification and urged lawmakers to adopt a balanced regulatory framework rather than an immediate market ban. Nate Walker of Turf Fusion and David Spang of the South Carolina Healthy Alternatives Association said age restrictions and a licensing framework could filter bad actors and preserve legitimate businesses and jobs. "Open communication between the state and business owners ... acts as a great filter for bad actors," Walker said.

Dr. Todd Huey, a pharmacologist affiliated with SLED, described why the statutory 0.3% dry-weight THC test in the 2018 federal Farm Bill applies to plant material but not easily to processed consumables: "When you take cannabinoids out of that plant material ... and you add it to these very heavy products such as a 12 ounce bottle of water ... if you look at a 40 milligram, that's equivalent of 27 joints in that bottle. So yes, it was never intended to be applied to products such as food products, edibles, drinks." His testimony underpinned lawmakers' concern that the federal dry-weight standard leaves a regulatory gap for processed products.

Other witnesses, including processors, retailers and a regulatory attorney, urged the committee to adopt a robust licensing and testing scheme and suggested the state could designate trusted laboratories to perform cannabinoid testing. Rick Reams of Maynard Nexon pointed to a separate bill (House Bill 4004) as an example of a more comprehensive regulatory approach that could include taxation.

After public and industry testimony, the subcommittee voted by roll call; Chairman Jeff Johnson, Representative Bailey, Representative Robbie Robbins and Representative Seth Rose recorded aye votes and the chair announced the bill "is favorable as amended." The amendment restricts sales and possession to persons 21 and older and narrows certain listed intoxicating synthetic cannabinoids, committee members said.

The committee recorded no immediate regulatory framework in the amended bill beyond the age restriction; witnesses urged further work to create testing, licensing and labeling standards to prevent unsafe products and to protect businesses operating legally.