H 5667

South Carolina General Assembly
126th Session, 2025-2026
Bill 5667
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
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.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "Apothecary Retailer Act."
SECTION 2.  The General Assembly finds all of the following:
    (A) There is a
need to establish a controlled, regulated retail environment for products
intended as alternatives to traditional tobacco and alcohol use, including
smoking cessation and wellness-oriented products.
    (B) Consumers are
increasingly seeking health-focused alternatives, including nicotine
replacement, vapor products, hemp-derived cannabinoid products, and other
plant-based wellness products.
    (C) Existing
regulatory frameworks do not adequately distinguish between general retail
environments, alcohol-regulated establishments, or controlled-access specialty
retailers.
    (D) A dedicated
retail category will promote public health and consumer safety, ensure
age-restricted access and compliance, and support South Carolina small
businesses, including veteran-owned operations.
SECTION 3.  Title 44 of the S.C. Code is amended by adding:
CHAPTER 140
Apothecary Retailers
    Section
44-140-10. For purposes of this chapter:
    (1)
"Apothecary retailer" means a retail establishment licensed by the Department
of Revenue to sell regulated wellness and alternative products in a controlled,
age-restricted environment.
    (2)
"Covered product" means any of the following:
       (a)
hemp-derived cannabinoid products, including low-dose beverages containing up
to ten milligrams of THC per serving, edibles, tinctures, topicals, and CBD
products;
       (b)
smoking cessation products, including nicotine replacement therapies such as
patches, gum, and lozenges, vapor products intended for adult use, and
reduced-risk nicotine delivery products; and
       (c)
wellness and alternative products, including herbal and botanical products,
nonalcohol functional beverages, and dietary supplements and plant-based
wellness products.
    Section
44-140-20. (A) The Department of
Revenue shall establish an apothecary retailer license for which the annual fee
is three hundred dollars. A separate license is required for each retail
location.
    (B)
An apothecary license holder is not required to hold a liquor license, and the
license may not be classified pursuant to Title 61.
    (C)
Priority for issuance of an apothecary retailer license may be given to:
       (1)
existing compliant apothecary retailers;
       (2)
South Carolina-based operators; and
       (3)
businesses primarily engaged in covered product sales.
    Section
44-140-30. (A) It is unlawful for
an individual to sell, furnish, give, distribute, purchase for, or provide a covered
product to a minor under the age of twenty-one years.
    (B) It
is unlawful to sell a covered product to an individual who does not present,
upon demand, proper proof of age. Failure to demand identification to verify an
individual's age is not a defense to an action initiated pursuant to this
subsection. Proof that is demanded, is shown, and reasonably is relied upon for
the individual's proof of age is a defense to an action initiated pursuant to
this subsection.
    Section
44-140-40. (A) All covered products
must be maintained behind the counter and accessible only by employees.
    (B) It
is unlawful to sell a covered product through a vending machine.
    (C) Every
apothecary retailer must implement age-verification procedures that comply with
the requirements of Section 44-140-30(B).
    (D)
On-premises consumption of any covered product is prohibited unless otherwise
authorized by law.
    Section
44-140-50. (A) Every apothecary
retailer must ensure that any covered product offered for sale has met and
complied with all applicable testing, labeling, and packaging requirements.
    (B)
Hemp-derived products must not exceed ten milligrams THC per serving and must
not contain synthetic cannabinoids.
    (C)
Covered products must not be marketed to minors or resemble products intended
for children.
    Section
44-140-60. Covered products, including hemp-derived cannabinoid products and
nonalcohol wellness beverages, must not be classified, regulated, or restricted
pursuant to Title 61.
    Section
44-140-70. Violations of this chapter by an apothecary retailer, including the
apothecary retailer's employees, may result in license suspension, license
revocation, or civil penalties imposed by the Department of Revenue.
    Section
44-140-80. The Department of Revenue may promulgate regulations necessary to
implement the provisions of this chapter.
SECTION 4.  This act takes effect upon approval
by the Governor.
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This web page was last updated on May 06, 2026 at 11:50 AM