Hemp Beverage Advocates Kill Deal on SC Bill to Crack Down on DUIs

Faster drug screenings, legal limits on THC and longer jail sentences for people suspected of driving under the influence who refuse to take breathalyzer tests were part of a compromise South Carolina legislators laid out in June to tighten the Palmetto State's drunk driving statutes. .

It died last week, after the bill was merged with hemp-derived THC driving regulations including blood-THC limits for driving under the influence of cannabis/hemp products

The bill, which was meant to strengthen the state’s DUI laws, was among legislators’ top priorities this year.

Legislators opposed to a bill regulating THC beverages were the same ones who voted against proceeding with the DUI bill.

South Carolina ranks among states with the highest fatality rates because of drunken driving, and legislators have said the state’s laws dealing with people whose actions injure others are too lax.

“This current situation is unacceptable,” said Hembree, R-Little River. “To me, it’s a scandal. I just think it’s terrible.”

Blood draws and THC limits

In an effort to make it easier for police to determine whether someone is under the influence of drugs, the bill would have allowed suspects who agree to blood tests to have their blood drawn at any permanent location with a medical professional onsite, including a jail or police station.

Blood draws are already an option in cases where a person seems to be under the influence of drugs. But that process requires toting a suspect to a nearby hospital, urgent care or testing location and waiting for a medical professional to be available.

Late at night, when many DUI arrests take place, officers often have to take suspects to busy emergency rooms. Many substances stick around in the bloodstream for only a few hours, meaning long delays could lead to inconclusive results, legislators said.

Although both chambers’ versions of the bill allowed officers to test a suspect’s blood for THC if the person agrees, neither set a legal limit for how much THC, the psychoactive ingredient in marijuana, they could have in their bloodstream.

Marijuana itself remains illegal in the state, but through a loophole in federal law, drinks and chewables infused with THC remain unregulated.

Under the compromise, anyone whose test came back with 5 nanograms per milliliter or more of THC in their bloodstream could face between two and 30 days in jail for a first offense, up to a year for a second and up to five years for a third offense.