SC Policy: SLED and Hemp: Current Testing Protocols Explained

The South Carolina Law Enforcement Division (SLED) serves as the state agency responsible for various public safety categories, including narcotics, alcohol, human trafficking, and tobacco enforcement. It plays a significant role in hemp regulation as defined by federal and state authorities.

South Carolina has its own state hemp farming program, and SLED supports local farmers, handlers, and processors for legalized hemp businesses. The agency provides both workforce and technical assistance to these groups and hemp consumers.

Under SLED oversight, hemp seeds and crops undergo rigorous testing protocols to verify compliance with standards established by the South Carolina Department of Agriculture regulations and the Hemp Farming Act. 

What defines legal industrial hemp, and what characteristics classify a product as a controlled substance? Hemp industry stakeholders must understand current testing protocols to avoid potential convictions.

Hemp-Related Legal Terminologies 

The Hemp Farming Act clearly creates a distinction between industrial hemp and controlled substances (marijuana) with well-defined standards.

What is THC?

THC is a psychoactive compound found in the cannabis plant and is classified as a Schedule I controlled substance under South Carolina law. THC has several isomers, with delta-9 THC being the most well-known.

The Hemp Farming Act of 2019 provides a limited exemption for delta-9 THC when present at or below 0.3 percent on a dry weight basis. Apart from this exemption, other THC isomers, such as delta-8 THC, are treated as illegal. These isomers also occur naturally in the cannabis plant but in much smaller proportions, typically less than 10 percent.

Controlled Substance

Anything treated as marijuana or a controlled substance, which contains a delta-9 THC concentration of more than 0.3% on a dry weight basis, is classified as illegal. Selling and possessing such material is punishable by state and federal law.

While the act does not specifically address other isomers of THC, this does not mean they are legal. Rather, it provides an exception only for a specific amount of delta-9 THC below 0.3% on a dry weight basis. It does not provide any legal status or exceptions for delta-8 THC.

However, the House bill passed in November 2025 introduced further legislative clarification regarding THC limitations by establishing a new definition of hemp. This update will establish a new hemp definition and is set to take effect in November 2026. According to the new bill, total THC content will be considered when determining whether a hemp product is legal or illegal, not just delta-9 THC.

Industrial Hemp and Its Products (Legal)

A cannabis plant is classified as industrial hemp if it contains a delta-9 THC level of no more than 0.3 percent on a dry weight basis. This legal hemp is treated as another agricultural commodity and may contain:

• Cannabinoids

• Seeds

• Extracts

• Isomers

• Acids

• Salts

• Salts of isomers

Products made from such hemp, while maintaining the legal THC limit, are termed hemp products. These products can include wellness products, cosmetics, clothing, paper, plastics, and more.

Learn more about the key differences between hemp and marijuana from HERE.

Sampling Procedures for Testing Protocols

Sampling for testing purposes must meet the following criteria:

• Samples must be collected within 30 days prior to the planned harvest. For this purpose, the permittee must notify the department at least 30 days before the scheduled harvest date.

• Samples will be collected by federal or state personnel from the cannabis flowers.

• Samples must be collected with approximately 95% confidence that no more than 1% of the lot’s flowers exceed the THC threshold.

• Samples must be collected in the presence of the producer from the growing location.

• The sampling agency has the authority to access cannabis plants and all relevant facilities intended for production.

At a growing site, the designated personnel will collect approximately two samples from each plant category during growth and prior to harvest.

Requirements of Effective Testing for Hemp

Certain testing protocols determine whether a particular cannabis plant is industrial hemp or marijuana, set and regulated by the SLED.

Acceptable Laboratories

DEA-registered laboratories are authorized to handle marijuana for testing purposes. Moreover, results from DEA-registered laboratories are the only accepted proof of delta-9 tetrahydrocannabinol (THC) concentration levels, whether below or above the legal threshold. 

THC Concentrations

The dry weight of THC concentration is used as the threshold for the acceptable limit. THC level measurements must include the presence of THC-A in the sample due to its potential conversion into THC. Therefore, laboratory reports must show the total THC level by considering both THC and THC-A.

Testing Methodology

To obtain reliable results regarding total THC concentrations, testing methods must include decarboxylation to validate industrial hemp. AOAC Standard Method Performance Requirements must be met when selecting any testing method. Any methodology must be:

• valid through laboratory accreditation

• suitable for accurately and consistently measuring THC concentration

• capable of being successfully performed by the laboratory

• include a measurement of estimated uncertainty.

If testing of any sample indicates a THC level higher than the acceptable threshold, the entire lot is considered non-compliant and does not qualify as legal industrial hemp. The producer of such a lot must ensure its disposal in accordance with federal law, and it must not be processed further for any purpose.

Certificate of Analysis

A sample from a lot that passes testing by showing THC content below the allowable threshold receives a Certificate of Analysis (COA). The harvested plant material represented by the tested sample is then considered legal to sell and can be processed into finished products.

If a sample does not meet the acceptable THC concentration limit and exceeds the allowable amount on a dry-weight basis, the department will notify the permittee. The permittee has the right to request retesting within 10 days of receiving this notification. Otherwise, the noncompliant plant will be disposed of in accordance with the regulations set by the department.

THC analysis is mandatory for every hemp plant before its transportation, sale, or marketing. A USDA-compliant THC analysis and a clear test report with a Certificate of Analysis (COA) are required for any plant to be treated as industrial hemp.

Wrapping Up: Hemp Safety and Compliance with SLED 

South Carolina is one of the best states with a well-defined regulatory framework aimed at promoting the hemp industry while protecting against drug abuse. SLED and the South Carolina Department of Agriculture, provide clear guidelines for hemp stakeholders to ensure their operations comply with state standards for public safety.

From detailed sampling to rigorous testing protocols, they help move the hemp industry forward, supporting responsible growers, handlers, and processors.