News From South Carolina

The State House Gavel: Senate vote on hemp bill fails, but GOP leader says don't call it dead yet

South Carolina Public Radio | By Maayan Schechter,

Published March 19, 2026 at 6:01 AM EDT

Sen. Ed Sutton, D-Charleston, speaks with Sen. Michael Johnson, R-York, during the hemp derived consumable debate in the Senate chamber at the Statehouse on March 18, 2026.

It's Thursday, March 19.

The Senate gavels in at 11 a.m. The House returns next week.

You're reading The State House Gavel, your daily reporter notebook by Maayan Schechter and Gavin Jackson that previews and captures what goes on at the South Carolina Statehouse.

This is slightly abbreviated version of the Gavel, as the Senate debated consumable hemp legislation past midnight Thursday, which means that we too were working late into the night.

Notebook highlights:

Senate Republicans tweak hemp bill, pushing drinks and gummies to liquor stores. But bill fails to move forward — for now
Television ad wars begin in the attorney general's race

Senate hemp bill fails in midnight vote

A Senate vote, which occurred past midnight, on legislation aiming to regulate the sale of hemp-derived drinks and gummies failed to pass the chamber, 15-25.

The surprising outcome on second reading followed a 10-plus hour debate after Senate Republicans, in an apparent compromise, amended the bill, H. 3924, by moving sales of all THC drinks and gummies into liquor stores.

But when the vote on the bill's passage was tallied, several senators opposed the bill's new form, resulting in a rare defeat of a bill on the floor.

Senate GOP Leader Shane Massey, R-Edgefield, told reporters it would be inaccurate to call the bill completely dead.

“Let’s see what happens in a few hours," he said.

The bill rewrite, sponsored by York Republican Sen. Michael Johnson, would mean that by Nov. 12 all drinks with up to 10 milligrams of THC could only be bought at liquor stores and not at retail or convenience stores.

It also would require that all gummies with up to 40 milligrams of THC per package, prohibited under the previous iteration of the bill, could also only be sold, but only inside liquor stores.

And the amendment also included a so-called safe harbor provision, meaning any company in South Carolina that manufacturers gummies that contain more than the state's legally-allowed amount of THC could still be manufactured in the state as long as it is shipped outside the state for sales.

We want to "put this in the most restrictive environment," Johnson told colleagues.

Democrats were not enthused.

"Why are we picking winners and losers?" Sen. Russell Ott, D-Calhoun, asked Johnson. "Do we not trust our convenience stores, trust our other retailers to implement the three-tier system?"

"I think there's a lot of retailers who are pretty upset right now," said Sen. Ed Sutton, D-Charleston, calling the measure "anti-freedom" that takes "choices away from adults."

Johnson's amendment passed in a 22-18 vote — an almost complete flip of last week's vote over a similar amendment restricting the drinks — minus gummies — to liquor stores. That amendment failed 20-17.

Sutton spoke to reporters after the vote Thursday on the bill, saying he was disappointed with how the legislation unfolded.

Listen to him below:

S.C. Sen. Ed Sutton, D-Charleston, speaks to reporters after hemp bill fails 3.19.26

What does the bill do? In part, the legislation:

Prohibits anyone under 21 from buying or using certain hemp-derived products
Restricts the sale of hemp beverages with up to 10 milligrams of THC to liquor stores
Restricts the sale of gummies, up to 40 milligrams per package, to liquor stores
Bans on-premise consumption at bars and restaurants
Creates a DUI offense for anyone who drives a car with 5 nanograms or more of THC per milliliter found in the blood
Keeps CBD products legal and under current state regulations

Johnson's amendment wiped out some of the changes made on the floor Wednesday, including a proposal that would have sought to warn THC drinkers that the chemical compound inside the drink is an "intoxicating substance that causes a psychoactive reaction."

So, what does Thursday's fail to pass vote mean?

Though the bill appeared headed to the finish line, many Republican senators opposed to consumable hemp products altogether flipped their vote, ultimately killing the bill.

But the Senate Republican leader refused to concede defeat.

"I'm not discouraged," Massey said, teasing the likely scenario that senators may try a procedural maneuver to reconsider the vote.

Hear more from Massey and Johnson below:

S.C. Senate Majority Leader Shane Massey, R-Edgefield, and Sen. Michael Johnson, R-York speak to reporters about the hemp bill vote 3.19.26

What else happened in the Senate?

The Senate Transportation Committee advanced Thomas Limehouse's nomination to sit on the State Ports Authority board to the full Senate for a final vote. Limehouse, who lives in Charleston, was Gov. Henry McMaster's former chief legal counsel before leaving the office last fall.

during the hemp derived consumable debate in the Senate chamber at the Statehouse on March 18, 2026. — S.C. Senate Majority Leader Shane Massey, R-Edgefield, speaks to Senate President Thomas Alexander, R-Oconee, during a recess in the hemp derived consumable debate in the Senate chamber at the Statehouse on March 18, 2026.

Let the ad wars commence

Like South Carolina's governor's race, the contest for the state's top prosecutor is wide open this cycle as the seat's current holder, Alan Wilson, is seeking the GOP nomination for governor.

There are three candidates who have filed for the office, to date, all Republicans:

State Sen. Stephen Goldfinch of Georgetown County
First Circuit Solicitor David Pascoe
Eighth Circuit Solicitor David Stumbo

And in the unofficial starting gun to a political race, the first recorded ad has been released. But we're told it won't be the only one on the airwaves for very long.

The new add comes from Pascoe and in it, he's aggressively on the defensive. Why? Because he has to explain to GOP primary voters why they should vote for him when, less than a year ago, he was an elected Democrat.

The ad is titled, "Always Conservative," and Pascoe details why he switched parties.

“Like Donald Trump and RFK, I was a Democrat, but I was always a conservative,” he says in the 30-second ad as Pascoe talks through his prosecutorial career and the moment he decided to leave the Democratic Party.

Pascoe has faced an onslaught of criticism from Democrats and Republicans over his party switch.

We expect that when his primary opponents inevitably hit the airwaves soon, their ads may be discussing that very same topic.

All three candidates are set to debate tonight in Pickens County.