Will you soon be able to walk into a convenience store and legally buy a can of pot or pick up a pack of gummies infused with THC? The shocking answer is yes — and perhaps more disturbing, thanks to a loophole in the law, these products are available now. They should be banned.
The first, most important step in any debate over significant and potentially culturally transforming decisions should be a careful consideration of the facts. THC is the accepted abbreviation for delta-9-tetrahydrocannabinol. It is the chemical element in marijuana and hemp that produces intoxication and euphoria. THC, whether derived from marijuana or hemp, has the same effect for the user. Drinking, eating, or smoking THC products will make you high.
In December 2018, Congress passed a massive farm bill that allows the production of hemp-derived products, including those infused with THC if they contain 0.3 percent delta-9 THC. This “loophole” has allowed the production of THC-infused drinks, which are widely available in South Carolina convenience stores. There is no legal age limit or requirement in state law that would regulate how much THC can be included.
I have heard several lawmakers describe the current situation as “the wild, wild west,” with no standard for enforcement. I have asked law enforcement officials, lawyers, and lawmakers about the legal status of these products under state law. I have had representatives from all three categories tell me yes and no on their legality under current law. The question appears to come down to whose interpretation of the law is being considered.
The amount of THC that would be allowed would be five milligrams. That is enough for one drink to produce a feeling of euphoria, a feeling of “being high.” Consume two cans, and the user will experience cognitive and motor skill impairment. A study from Harvard Health that discusses the amount and absorption rate of THC in soft drinks says, “Some people may be able to feel the effects of cannabis-infused drinks within 15-20 minutes, which is much faster than when people eat a cannabis gummy or brownie.” The full effect of the drug can take as long as 45 minutes to “kick in” and can last between two and four hours, with some people feeling the effect for as long as six hours.
The fact these products are already available in South Carolina means we have another avenue available for people to be enslaved to addiction, become impaired, and drive on our roads. States that have gone down the path of legalizing THC have reaped the negative consequences of the inevitable normalization of marijuana. After legalizing recreational marijuana, Colorado experienced a 150 percent increase in hospitalizations related to marijuana use and a 130 percent increase in traffic deaths involving drivers who tested positive for THC (marijuana). Legalizing and regulating THC-infused drinks and gummies, and allowing them to be available in our convenience stores and other outlets, is more than a slippery slope. It will be a significant leap, rather than a slow slide, into the normalization of marijuana.
The argument that since convenience stores are already doing this so we should just regulate it doesn’t pass the logic test. Would we, under any circumstances, apply that argument to any other illegal activity? People in South Carolina are breaking and entering, so is the solution to legalize burglary — or would we be better served by enforcing existing law, and if needed, enact better laws to protect our property? Yes, a ban on these products will cost operators who are already making them available. But that cost will be much less than the price we will pay when we reap the negative consequences of embracing THC use.
Legalizing THC products will increase instances of impaired driving, leading to more injuries and fatalities on our highways. According to several 2024 reports, South Carolina ranked number one in the nation in alcohol-related deaths on the highway. We have the 6th highest number of domestic abuse cases. Legalizing another intoxicant will only add to these problems.
There are those who believe choosing to ingest THC in any form is part of our individual liberty, a constitutional right the state has no business restricting. They believe the only path is to pass laws that keep it out of the hands of anyone under 21. I respectfully disagree. The State has a responsibility to protect its citizens from destructive substances that harm individuals and collectively undermine our shared, moral values. Banning THC-infused products is the right path for South Carolina.