A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "APOTHECARY RETAILER ACT" BY ADDING CHAPTER 140 TO TITLE 44 SO AS TO REGULATE THE SALE OF CERTAIN HEMP-DERIVED CANNABINOID PRODUCTS, SMOKING CESSATION PRODUCTS, AND WELLNESS PRODUCTS THROUGH THE USE OF LICENSED APOTHECARY RETAILERS; TO ESTABLISH AGE AND OTHER RESTRICTIONS APPLICABLE TO THE SALE OF COVERED PRODUCTS; TO EXEMPT APOTHECARY RETAILERS AND COVERED PRODUCTS FROM REGULATION PURSUANT TO TITLE 61; TO REQUIRE THE DEPARTMENT OF REVENUE TO ESTABLISH AND ISSUE APOTHECARY RETAILER LICENSES, TO PROMULGATE REGULATIONS, AND TO ENFORCE THE PROVISIONS OF THE CHAPTER; AND FOR OTHER PURPOSES.
H5667, the “Apothecary Retailer Act,” would create a new retail license category in South Carolina for stores selling certain hemp-derived cannabinoid products, smoking cessation products, and wellness-oriented products in a controlled, age-restricted setting. The bill defines “covered products” broadly to include items such as low-dose hemp-derived THC beverages, CBD products, nicotine replacement therapies, vapor products, herbal products, nonalcoholic functional beverages, and dietary supplements.
The bill directs the Department of Revenue to create and administer an apothecary retailer license, set at an annual fee of $300 per location, and to issue regulations and enforce the chapter. It also sets product and retail rules, including a minimum purchase age of 21, mandatory age verification, behind-the-counter storage, a ban on vending machine sales, limits on hemp-derived products to no more than 10 milligrams of THC per serving, and prohibitions on synthetic cannabinoids, child-appealing marketing, and on-premises consumption unless otherwise authorized by law.
The bill would amend Title 44 of the South Carolina Code by adding a new Chapter 140 governing apothecary retailers and would carve these businesses and products out of regulation under Title 61, which generally governs alcohol-related licensing and control. It would give the Department of Revenue authority to license retailers, prioritize certain applicants, promulgate rules, and impose civil penalties, license suspension, or revocation for violations. The measure would affect retailers, hemp-product sellers, nicotine and cessation-product vendors, and businesses offering wellness products by creating a new compliance framework and a separate retail channel for these goods.
The bill’s stated purpose suggests generally favorable sentiment toward creating a regulated marketplace for alternative wellness and cessation products, with emphasis on consumer safety, age restriction, and support for small and veteran-owned businesses. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of opposition or support from legislators in the available record. The bill text itself frames the proposal as a public-health and business-development measure rather than a punitive restriction.
The main points of potential contention are likely to be the scope of products covered, especially hemp-derived cannabinoid products and low-dose THC beverages, and the decision to exempt these products from Title 61 oversight. Some may question whether the new category could blur lines between wellness products, nicotine products, and intoxicating hemp products, or whether the 21-and-over standard and product limits are sufficient. Others may support the bill’s tighter controls, arguing that a dedicated license and age-restricted retail model better protects consumers and minors while giving legitimate businesses a clearer regulatory path.