Late night compromise restricting who can sell THC drinks in SC fails. What’s next?

Minutes after midnight Thursday morning, a deal to regulate intoxicating hemp products collapsed in the South Carolina Senate. But senators may try passing it again when they come back Thursday.

The sweeping legislation regulating hemp-derived THC consumables failed 15-25 after hours of debate going late into the night Wednesday.

Without a regulation, edibles that can get people high can be sold to anyone, anywhere. Children can legally purchase drinks, gummies or tinctures that haven’t been tested for safety.

With those stakes in mind, Senate Majority Leader Shane Massey, R-Edgefield, told reporters the bill is not dead and would likely receive another vote Thursday.

“It was right on the verge of passing and then there was a cascade the other way when people saw that it was that close,” Massey said. “It could all fall apart at any time. But I’m not discouraged by that. I think we can get it tomorrow.” Eight Republican Senators voted against the bill at the last minute, after the full roll had been called.

The vote followed a compromise amendment narrowly passed after heated debate late Wednesday night.

The amendment would allow THC gummies rather than just high-inducing hemp drinks. It would also take all hemp-derived THC products out of bars, restaurants and gas stations and only allow sales in liquor stores. The amendment passed narrowly, 22-18.

With the controversial compromise passed, it was soon time for a final vote on the bill after midnight early Thursday morning. The bill failed after hard-right conservatives hoping to ban the products and Democratic lawmakers looking for more leniency in where THC could be sold all voted against the regulation. A handful of other Republican caucus members also voted against the bill.

As amended, the bill would ban all THC products besides some low-dose drinks and gummies, limit where the beverages can be sold to liquor stores and prohibit synthetic cannabis products like Delta-8 and Delta-10. It also restricts the drinks and gummies to adults 21 and over and puts rules on how the products can be packaged and marketed. Another amendment passed Wednesday would prohibit driving with more than five or more nanograms per milliliter of THC in blood.

Massey said he thinks some Republicans who voted no on the regulation early Thursday morning could come around, particularly considering the threat of leaving the THC industry “wide open.”

Several Senators who voted to ban hemp-derived consumables last week voted against regulation. Democratic lawmakers also voted against the amended bill. State Sen. Ed Sutton, D-Charleston, said the amended bill went too far restricting where drinks could be sold and said the compromise was “anti-freedom.”

“This whole notion to put it all in liquor stores, that’s just created a monopoly for this product,” Sutton told reporters, adding it would put standalone hemp stores out of business.

South Carolina’s THC industry has grown since the 2018 Farm Bill legalized production of hemp nationwide. Legal hemp can contain up to 0.3% delta-9 tetrahydrocannabinol of its dry weight. Hemp with more delta-9 THC, the chemical compound that can get you high, is illegal.

Marijuana is illegal in South Carolina for all uses.