CBD Laws in South Dakota
How South Dakota law treats cbd, from the state code and official state agencies.
Short answer: Hemp-derived CBD products are legal in South Dakota if they qualify as industrial hemp products: finished products made from hemp with no more than 0.3% total delta-9 THC, and not containing chemically derived cannabinoids. SDCL 38-35-1(3), (5), (7), 34-20B-14(20), 34-20B-118
| CBD | Hemp-derived CBD products are legal in South Dakota if they qualify as industrial hemp products: finished products made from hemp with no more than 0.3% total delta-9 THC, and not containing chemically derived cannabinoids. THC that occurs in industrial hemp is excluded from Schedule I. Converting CBD into delta-8 or other THC isomers, or selling hemp products containing chemically derived cannabinoids, is a Class 2 misdemeanor. The definition of chemically derived cannabinoids does not include non-psychoactive cannabinoids or cannabinoids in a topical cream. SL 2026, ch 167 rewrites chapter 38-35 effective Jan. 1, 2027. No state age limit specific to CBD was found in the sections read. |
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More South Dakota criminal law
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- Parole Violations in South Dakota
- Violating a Protective Order in South Dakota
- Juveniles Tried as Adults in South Dakota
- The Death Penalty in South Dakota
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FAQ
Is CBD legal in South Dakota?
Hemp-derived CBD products are legal in South Dakota if they qualify as industrial hemp products: finished products made from hemp with no more than 0.3% total delta-9 THC, and not containing chemically derived cannabinoids. THC that occurs in industrial hemp is excluded from Schedule I. Converting CBD into delta-8 or other THC isomers, or selling hemp products containing chemically derived cannabinoids, is a Class 2 misdemeanor. The definition of chemically derived cannabinoids does not include non-psychoactive cannabinoids or cannabinoids in a topical cream.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.