Senators adopt retail limits for hemp beverages, table on‑site consumption amendment

The South Carolina Senate on the floor debated H 39 24, a bill setting rules for hemp beverages, and adopted a retail‑sales amendment while tabling a separate measure that would have allowed on‑site consumption under strict limits.

Senator Johnson, explaining amendment 33, said the change would allow "single‑serving 12‑ounce cans, 1 milligram to 5 milligrams, single serving to be in retail stores behind the counter" and permit preexisting stock bought before the law’s effective date to remain for sale through "11/12/2026, provided a certificate of analysis [is] available," with sales barred to anyone under 21. He said retailers seeking to sell the products would need the appropriate licensing and that the Department of Revenue would process applications.

The amendment was moved and adopted by roll call. The clerk announced the result as 36 to 3 in favor, and the Senate approved the amendment.

Senator Sutton offered amendment 34 to create a food‑service hemp license allowing on‑site consumption with tight guardrails: staff training similar to alcohol training, a $1,500 annual permit fee, anti‑tampering rules, a ban on Sunday sales, and a consumer cap of "2 hemp drinks in a 24 hour period" for beverages at 5 milligrams or below. "This will be the most conservative, on‑site premise in the nation," Sutton said, arguing the measure protected dry bars and provided strict controls.

Senator Johnson moved to table that on‑site amendment, arguing it represented a significant expansion of the bill’s scope. The Senate held a roll‑call motion to table; the clerk reported the motion carried 23 to 16 and amendment 34 was tabled.

After tabling the on‑site amendment, the Senate proceeded to the bill’s second reading. The clerk recorded a roll‑call tally of 35 to 4 for the second reading.

Why it matters: The measures alter where and how low‑dose hemp beverages can be sold in South Carolina, balancing retail access with licensing and age restrictions while deferring debate on limited, supervised on‑site consumption.

What’s next: With the retail amendment adopted and the on‑site amendment tabled, H 39 24 has advanced on second reading and will return to the calendar for further consideration under the Legislature’s next steps.

Quotes from the floor: "Preexisting stock purchased prior to the effective date of this act may be sold through 11/12/2026," Senator Johnson told colleagues while explaining the adopted amendment. Senator Sutton, describing her on‑site proposal, said the amendment would allow controlled consumption but impose a cap: "2 hemp drinks in a 24 hour period."