Kershaw County Council tightens rules on hemp-derived products, raises kratom age to 21
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Summary
The council amended zoning and sales rules for hemp-derived and synthetic cannabinoid products and updated an ordinance to prohibit nitrous oxide and kratom sales to minors by aligning kratom to the state age of 21; legal counsel noted pending federal changes could further restrict products this summer.
Kershaw County Council on Jan. 27 voted unanimously to amend and adopt local rules tightening the sale and zoning of hemp-derived and synthetic cannabinoid products and to align kratom sales with state law.
Councilman Cato moved an amendment to make the county’s kratom-age restriction conform to state law, raising the minimum purchase age to 21; the amendment passed unanimously and the ordinance was approved as amended. "It moves the legal age to be able to purchase the stuff to the age of 21," Cato said during discussion.
Legal counsel told the council the planning commission’s recommendations were intended to ease enforcement — for example, changing strict operating-hour language to "hours of sale" so that gas stations and mixed-use businesses would not be effectively barred from selling regulated products. Counsel also warned that a provision in recent federal legislation could outlaw some hemp-derived products by summer unless modified at the federal level, creating a narrow window for local regulation before that change becomes effective.
Members discussed separation distances from sensitive uses; one council member asked why the ordinance used a 500-foot buffer from schools, churches and playgrounds rather than a longer distance. Legal counsel replied that 500 feet is commonly used in zoning but that the council could consider a larger buffer on third reading.
Council members praised planning staff and the county's office for work preparing the packet and said the amendments aim to protect youth and clarify enforcement. After voting on a package of planning-commission recommendations and a change-of-ownership provision for nonconforming uses, the council voted to pass the ordinance as amended.
The ordinance now directs county staff to apply the clarified zoning definitions and enforcement approach in zoning reviews and administrative enforcement. The council indicated it may consider additional changes, including larger buffer distances, at later readings if needed.
Next steps: the ordinance passed second reading as amended; council discussion noted potential further action at third reading and that some products may be affected by imminent federal changes.
