Navigating the “Gray Market”: Why SC Law Enforcement Is Cracking Down on Delta-8 Shops

Across South Carolina, a quiet conflict is unfolding between local law enforcement and retail businesses that sell hemp-derived products like Delta-8 THC. Delta-8 products were once heavily advertised and displayed on the shelves of vape shops, smoke shops, wellness stores, and other retailers. These substances have now become the target of ever-increasing scrutiny, warning, and enforcement efforts by the police. This shift reflects deeper legal uncertainty, public safety concerns, and conflicting interpretations of state and federal law.

To understand why crackdowns are increasing, it is essential to examine how Delta-8 entered the market, the unclear nature of South Carolina law, and the responses of enforcement agencies.

Understanding Delta-8 and How It Entered the Market

Delta-8 THC is a compound found in cannabis or hemp plants, but only in low concentrations. Usually, hemp-derived CBD is used by manufacturers to convert it to Delta-8 on a commercial scale. The result is a compound that produces psychoactive effects similar to Delta-9 THC, though often described as milder.

Delta-8 became popular after the 2018 federal Farm Bill legalized hemp containing no more than 0.3 percent Delta-9 THC by dry weight. Because the legislation specifically targeted delta-9 THC, businesses believed other hemp-derived THC variants were legal for them to produce. This interpretation opened the door for Delta-8 products to flood the market, often without clear state-level oversight. To know more about federal hemp law and its impacts, read this article: New Hemp Law Sparks Job Loss Concerns.

South Carolina’s Confusing Legal Framework

In South Carolina, inconsistent legal advice and enforcement have added to the confusion in this area. The state’s Hemp Farming Act generally adopts federal law by permitting hemp and hemp products with Delta-9 THC below the 0.3% threshold. But that statute does not specifically mention or regulate Delta-8 THC, leaving its status unclear.

In a nonbinding opinion issued by the South Carolina Attorney General’s Office in 2021, officials concluded that Delta-8 THC and similar isomers are not covered under the state’s hemp laws and are illegal.  Although it isn't an official legislative law, law enforcement has used this opinion as the basis for enforcement actions since its inception.

This has led to a situation where South Carolina’s laws technically allow some hemp products. Still, official interpretations and enforcement practices suggest that many Delta-8 products fall outside what law enforcement considers lawful. Many officers and prosecutors view Delta-8 like marijuana because it has psychoactive effects, even if the total Delta-9 THC remains below legal limits.

Why Law Enforcement Is Taking Action Now

South Carolina law enforcement agencies are increasingly taking action against Delta-8 shops due to enforcement challenges, including the lack of reliable field tests and safety concerns, which complicate their efforts to regulate these products effectively.

First, enforcement consistency has become a major concern. A drug that produces marijuana-like intoxicating effects and is sold openly creates confusion for the police on the street. Law enforcement agencies don’t have a commonly used field test that can reliably identify Delta-8 from illicit marijuana.  Hence, day-to-day stops and inspections are complicated.

Secondly, law enforcement officials and policymakers are concerned that unregulated Delta-8 products sold as gummies, vapes, and drinks pose safety risks, underscoring the need for standardized testing and labeling to protect consumers.

Third, law enforcement agencies are responding to state-level legal guidance. When the Attorney General’s office interprets Delta-8 as illegal under state law, police departments feel obligated to act accordingly. From their standpoint, the failure to prosecute even these interpretations could be construed as a breach of the law.

Factors Behind the Recent Crackdown

There are many reasons why Delta-8 is becoming a target for law enforcement in South Carolina.

1.   Absence of Transparent Rules

Due to the lack of explicit authorization for Delta-8 THC in the state’s laws regarding hemp, interpretation of the legality rests with law enforcement. Authorities have been implicitly interpreting intoxicating cannabinoids as “marijuana” due to the lack of statutory language.

2.   Public Safety Issues

Concern has been raised by officials about products that produce effects similar to marijuana but do not have the testing, labelling, or safety controls in place. Some remain concerned about uncertain potency, malfunctioning labels, and youth-oriented product marketing.  This is more of a debate in another context, but it helps in enforcement priorities.

3.   Enforcement Consistency

Law enforcement organisations seek predictable laws to apply uniformly. Without a consistent regulatory framework, enforcement can easily turn unequal and risk public confidence. By taking a firm stance, some departments seek to create predictable expectations for businesses, even if those expectations are stricter than those that some businesses or consumers would consider lawful. To know more about state-level enforcement guidance, read this article: FDA Hemp Crackdown 2025.

How is the Enforcement Being Adopted?

Enforcement of Delta-8 has taken many forms in South Carolina. Certain police departments have sent warning letters to vape shops and smoke stores stating that Delta-8 products are classified as illegal under current interpretations of state law.

Enforcement actions have included: 

• Seizure of products

• Shop inspections.

• Follow-up investigations.

• Threats of business license suspension.

Notably, enforcement has not been uniform across the state, reflecting the ongoing legal uncertainty.

Impact on Retailers and Consumers

The Delta-8 store outbreak is affecting the small business owners' pockets.  Some sellers have revealed that a great portion of their revenues comes from hemp-derived cannabinoids. Removing these products from the shelves could risk their viability. It also increases the legal and financial risks for shop owners who are unsure whether their stock is compliant.

The consumers are affected, too. Tons of consumers purchased Delta-8 products, believing they were legal because they appeared to comply with federal hemp law and were openly sold.  But confusion over enforcement means consumers could potentially face legal issues if stopped by law enforcement and found in possession of products that officers regard as controlled substances.

The Requirement of Legislative Clarity

The central issue regarding Delta-8 in South Carolina is the lack of laws governing it. Since there are no laws specifically addressing intoxicants derived from hemp, enforcement will remain inconsistent and confusing. A few lawmakers proposed creating regulatory frameworks that include age restrictions, testing requirements, and licensing for hemp-derived products. Some prefer to ban intoxicating hemp substances completely.

If the legislature does not act, law enforcement will continue to fill the gap with their interpretations, leaving businesses open to surprise enforcement.

Conclusion

South Carolina’s crackdown on Delta-8 shows why it’s risky to operate in a grey area: confusing laws and poor enforcement problems for retailers and consumers alike. Uncertainty will continue to shape the market until the state issues rules and regulations. 

Consumer protection and business enhancement are possible through clear laws and consistent implementation. If regulations are put in place, South Carolina will have a safer and more predictable Delta-8 market. Stay informed on hemp, CBD, and related legal and market developments—visit CBHD News for the latest updates.