State senator questions new DHEC hemp rules in letter to agency’s leader
CHARLESTON, SC. (WCBD) – The South Carolina Department of Health and Environmental Control (DHEC) recently released new guidelines on hemp, THC, and CBD products that have sparked controversy.
DHEC announced that all products and packaging could not have any references to “THC,” “CBD,” or “Delta-9” according to a letter released by the state’s top health agency last month. However, all the substances occur in hemp oil, which DHEC approves — the letter states “full spectrum hemp oil/extract containing no more than 0.3% Delta-9 THC”.
Businesses also cannot say the dosage of how much is in approved products on packaging.
Tetrahydrocannabinol (THC) is the compound in marijuana that produces the “high” or mild altering effects. Cannabidiol (CBD) is an active ingredient in marijuana and is derived from the hemp plant. CBD does not produce psychoactive effects, but it is reported to help with conditions like anxiety, insomnia, chronic pain, and epilepsy, according to Harvard. Delta 8, 9, and 10 are all psychoactive derivatives.
High Rise Beverage Co., a Charleston-based hemp-derived cannabis beverage manufacturer, in response to the new regulations, has halted production, citing confusion over label requirements and commitment to consumer safety.
With the new regulations and labeling restrictions, companies like High Rise cannot clearly label what’s in their products and the amount.
“Labels and packaging shall not contain references to “THC,” “CBD,” or “Delta-9” products, or isolates, as this implies the product is no longer a food item, but a drug and is unlawful; except the following optional statement may be included on product labels and/or packaging, “Full Spectrum Hemp Oil/Extract used is legal per USDA Farm Bill and contains 0.3% Delta 9 THC or less.” This is not required since the hemp product ingredient added is at 0.3% or below, so is legal,” DHEC’s letter reads.
High Rise also said they “eagerly” await resuming distribution when “there is complete accord with the new regulatory requisites” in a media release.
The new rules have also sparked confusion and concern in State Senator Deon Tedder (D-SC 42).
“I have been closely monitoring the impact of DHEC’s January 22nd letter restricting labeling of hemp-derived ingredients in food products,” Senator Tedder stated. “This action has caused confusion and disruption within the hemp industry, which has responsibly adhered to federal regulations and accurately represented its products,” Tedder wrote in a letter addressed to DHEC Director Dr. Edward Simmer.
Tedder also asked for all information about the decision-making process behind the new rules. While he voiced support for the organization, he reinforced the need for clarity.
“While I applaud DHEC’s commitment to public health,” Senator Tedder continued, “I urge the agency to prioritize actions that address our most pressing health concerns. I request full transparency regarding the rationale behind this decision and any evidence linking noncompliant hemp products to adverse health outcomes.”
DHEC announced the following products are not allowed to be added to food or beverage products in the state:
- Viable, non-sterilized hemp seeds, raw hemp leaves, raw micro greens, and any other raw, unprocessed form of hemp biomass as they are considered “plant material” and may not be possessed without a Grower or Processor License
- Pure CBD Isolate
- Delta-8 THC, Delta-9 THC, or Delta-10 THC
- THC-0 or any other derivative
- “Full spectrum” whole-plant extract (i.e., “full spectrum hemp oil/extract” from biomass) if it includes health claims or bears any sort of declaration of THC or CBD
- Any hemp product that is NOT manufactured in a food-grade establishment inspected under GMP or cGMP regulations.
- Any hemp or hemp-derived product that promotes its medical or health benefits
