Senate committee adopts subcommittee amendment to H.3924 to limit hemp-derived products to regulated beverages

The Senate Agricultural and Natural Resources Committee on Tuesday advanced a subcommittee amendment to H.3924 that would sharply curtail the availability of many hemp-derived THC products while permitting limited cannabinoid beverages under a regulatory scheme.

The committee adopted the subcommittee amendment as its working document by voice vote after debate; the chair reported the tally as 16 in favor and 1 opposed. The amendment was described by the subcommittee chair, identified in the record as the senator from Northern York and the subcommittee chair, as an effort to regulate beverages while banning most other product forms, including gummies, tinctures and oils.

"We are, for all intents and purposes, banning all THC related substances other than beverages," the subcommittee chair said, outlining a framework that would treat cannabinoid beverages similarly to beer and wine under South Carolina's three-tier system of distribution. Under the amendment as explained to the committee, retail stores would be allowed to sell 12-ounce cans capped at 5 milligrams of cannabinoids per can, while liquor stores could sell a 12-ounce single-serving product at 10 milligrams and a 750-milliliter bottle with a 10 mg-per-1-ounce serving cap. The chair described those thresholds as based on testimony to the subcommittee, calling 5 mg a "low THC dose" and 10 mg a "significantly heavier dose" for the average person.

The amendment would require certificates of analysis and a QR code on every container to display lab results, including terpene profiles and THC percentage, and would apply warning labels (for example, advising that children and pregnant people should not consume the product). The subcommittee also intends to ban synthetic cannabinoids such as delta-8 and delta-10 while allowing naturally occurring delta-9 in defined, beverage form; committee members asked staff to finalize technical definitions after the amendment's adoption.

Representative Ford (House), who has sponsored related bills and testified, described his personal experience using full-spectrum hemp products to reduce his son's seizures and urged caution in drafting language so patients with medical needs would not lose access. "We found a product that actually stopped his seizures," Ford said, summarizing his family's experience and describing his background as an early hemp cultivator and processor in the state.

Committee members pressed staff and each other on the constitutional limits the subcommittee cited for different formats of product regulation. The subcommittee chair said the South Carolina constitution restricts banning certain consumer products for adults and that the legislature can classify and regulate an "intoxicating beverage," which informed the decision to allow beverages while seeking to prohibit many other formats.

Members also discussed safety and enforcement. The chair cited testimony from the South Carolina Law Enforcement Division (SLED) that roughly 70 percent of fatal DUI cases tested positive for an illegal substance, including THC, but acknowledged the testimony did not provide the granular breakdown the committee would have needed to draw causal conclusions. The committee heard no testimony alleging a verified death caused directly by these hemp-derived beverage products.

Senators from multiple districts said they supported moving the matter forward but signaled there would be further floor debate, including a planned ban amendment some members intend to offer on the floor. Senators also granted unanimous consent for staff to insert finalized technical definitions for delta-8 and delta-10 and to continue work on the hemp/"industrial hemp" non-psychoactive definitions after the committee adopted the amendment.

Procedurally, after adoption of the subcommittee amendment the committee agreed to reconvene later at the call of the chair to continue work and consider additional amendments. The committee also recorded a separate procedural motion to "recede and reconvene at the call of the chair," which passed by voice vote.

What the amendment would and would not do

- Products explicitly allowed: limited cannabinoid beverages in specified retail and liquor-store formats with milligram caps and labeling/testing requirements. - Products restricted or banned: gummies, tinctures, oils and other non-beverage formats (the subcommittee chair said those are excluded under the amendment's scope). - Testing and transparency: required certificate of analysis and QR codes on packaging to disclose laboratory analyses. - Definitions and enforcement: staff will finalize technical definitions for delta-8, delta-10 and hemp/industrial hemp post-adoption as part of implementing language.

Next steps

The committee advanced the subcommittee amendment to the full Senate as its working document; members indicated they expect further floor amendments and debate, including a ban amendment some senators plan to offer. Staff will finalize outstanding technical definitions as permitted by unanimous consent. Representative Ford said he would remain available to answer technical questions as senators consider amendments on the Senate floor.

Votes at a glance

- Adoption of subcommittee amendment to H.3924: reported voice vote result 16 in favor, 1 opposed (no roll-call names recorded in the committee transcript).