Is it OK in SC to drink THC beverages while driving? Here’s what the law says

The THC drink business is a booming industry that has thrived in South Carolina, as alcoholic beverages become less popular in the U.S. .

Even after recent legislation passed in the SC Senate that restricted certain THC drinks and gummies to only be sold at gas stations and liquor stores behind the counter, adults over 21 years old can enjoy the alcoholic substitute freely.

The bill needs to be sent over to the House before it’s passed into law, but some SC lawmakers are hopeful that it will go into effect with little changes.

THC drinks won't be banned from the state, but the bill does add additional rules for drinking and driving.

Here’s what to know:

What is THC?

THC is the primary psychoactive compound found in the cannabis plant, and generates the “high” that people feel when ingesting it.

Some confuse THC with marijuana, which is illegal in SC, but there are key differences between the two. Marijuana consists of the flowers, leaves, stems and seeds of the cannabis plant, and contains both THC and CBD, a non-intoxicating compound that doesn’t cause a “high.”

The SC Department of Public Health warns that drinking under the influence of THC beverages can be unsafe because of their impact on the brain. Changes in perception, decreased reaction times and decreased coordination can impair a person’s ability to drive safely.

Driving while using THC

SC law is clear when it comes to driving under the influence.

According to the John D. Newkirk law firm of Greenville, it's unlawful for anyone to drive a motor vehicle while under the influence of alcohol, drugs or a combination of alcohol and drugs. That includes THC.

A first-time offender will have to pay a $400 fine, be imprisoned for up to 30 days, or both. Second offense is five days to a year and a $2,100 to $5,100 fine, third offense 60 days to three years, $3,800 to $6,300 fine, fourth offense one to five years in prison.

Your license may be suspended as well.

Before the Senate bill, there was no legal amount of weed or THC a person could possess while driving.

If the bill passes, driving with five or more nanograms per milliliter of THC in blood is prohibited. Additionally, if law enforcement has a reasonable suspicion that a person is driving under the influence of THC, a blood test may be requested.

These are the other ways a police officer can determine if a person is impaired by THC:

• Poor driving, lane weaving, erratic driving, and speed changes
• Admissions of using THC
• Slurred speech
• Eye appearance, including red and bloodshot eyes, tracking abnormalities
• Poor coordination, including motor skills and hand-eye coordination
• Slower reaction time
• Inability to follow officer’s directions
• THC drinks were found in the vehicle