Delta-8 and Hemp THC Laws in South Dakota
How South Dakota law treats delta-8 and hemp thc products, from the state code and official state agencies.
Short answer: South Dakota bans intoxicating hemp-derived THC made by chemical conversion. Since 2024 it is a crime to chemically modify or convert hemp or CBD into delta-8, delta-9, delta-10 or any other THC isomer, or to sell or distribute hemp or a hemp product containing chemically derived… SDCL 34-20B-118, 34-20B-117, 38-35-1(3), (7)
| Delta-8 and hemp THC products | South Dakota bans intoxicating hemp-derived THC made by chemical conversion. Since 2024 it is a crime to chemically modify or convert hemp or CBD into delta-8, delta-9, delta-10 or any other THC isomer, or to sell or distribute hemp or a hemp product containing chemically derived cannabinoids; each is a Class 2 misdemeanor. The definition of a legal industrial hemp product (no more than 0.3% total delta-9 THC) expressly excludes products with chemically derived cannabinoids such as delta-8, delta-10, THC-O, HHC and THCP. Separately, selling any consumable product containing delta-8 THC, THCA, THC-O or HHC to someone under 21 is a Class 1 misdemeanor, and an under-21 buying or possessing one commits a Class 2 misdemeanor. 34-20B-118 added by SL 2024, ch 129; 38-35-1 amended by SL 2024, ch 129 and 168. SL 2026, ch 167 rewrites chapter 38-35 effective Jan. 1, 2027. Class C felony life; Class 2 felony up to 25 years; Class 5 felony up to 5 years; Class 6 felony up to 2 years and/or $4,000; Class 1 misdemeanor up to 1 year and/or $2,000; Class 2 misdemeanor up to 30 days and/or $500. |
|---|
More South Dakota criminal law
- Felony Theft Amount and Penalties in South Dakota
- Self-Defense Laws in South Dakota
- Criminal Statutes of Limitations in South Dakota
- Bail, Pretrial Release and Public Defenders in South Dakota
- Assault Laws in South Dakota
- Battery Laws in South Dakota
- Domestic Violence Charges in South Dakota
- Shoplifting and Petty Theft in South Dakota
- Burglary and Robbery in South Dakota
- Vandalism Laws in South Dakota
- Trespassing Laws in South Dakota
- Drug Possession Laws in South Dakota
- Hit and Run Laws in South Dakota
- Reckless Driving in South Dakota
- Harassment and Stalking Laws in South Dakota
- Resisting Arrest in South Dakota
- Missing a Court Date in South Dakota
- Probation Violations in South Dakota
- Obstruction of Justice in South Dakota
- Perjury Laws in South Dakota
- Public Intoxication in South Dakota
- Disorderly Conduct in South Dakota
- Indecent Exposure in South Dakota
- Prostitution and Solicitation Laws in South Dakota
- Gambling Laws in South Dakota
- Embezzlement Laws in South Dakota
- Fraud and Identity Theft in South Dakota
- Forgery Laws in South Dakota
- Blackmail and Extortion Laws in South Dakota
- Murder Laws in South Dakota
- Manslaughter Laws in South Dakota
- Child Endangerment Laws in South Dakota
- Arson Laws in South Dakota
- Animal Cruelty Laws in South Dakota
- Revenge Porn Laws in South Dakota
- Cyberbullying Laws in South Dakota
- Sexting Laws in South Dakota
- Human Trafficking Laws in South Dakota
- Jaywalking Laws in South Dakota
- Open Container Law in South Dakota
- Underage Drinking and Fake ID Laws in South Dakota
- Driving on a Suspended License in South Dakota
- Driving Without a License in South Dakota
- Knife Laws in South Dakota
- Fireworks Laws in South Dakota
- Kidnapping Laws in South Dakota
- Criminal Threats Laws in South Dakota
- Car Theft Laws in South Dakota
- Receiving Stolen Property in South Dakota
- Drug Trafficking Laws in South Dakota
- Prescription Fraud Laws in South Dakota
- Vehicular Assault Laws in South Dakota
- Street Racing Laws in South Dakota
- Boating Under the Influence in South Dakota
- Insurance Fraud Laws in South Dakota
- Welfare and Unemployment Fraud in South Dakota
- Bribery Laws in South Dakota
- Sexual Assault Laws in South Dakota
- Child Sexual Abuse Laws in South Dakota
- Child Sexual Abuse Material Laws in South Dakota
- Online Solicitation of a Minor in South Dakota
- Sex Offender Registration in South Dakota
- Felon in Possession of a Firearm in South Dakota
- Computer Crime Laws in South Dakota
- Recording Laws in South Dakota
- False Police Report Laws in South Dakota
- Hate Crime Laws in South Dakota
- 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
- Voting Rights After a Felony in South Dakota
- Restoring Civil Rights After a Felony in South Dakota
- Three Strikes and Habitual Offender Laws in South Dakota
- Psilocybin Laws in South Dakota
- Kratom Laws in South Dakota
- CBD Laws in South Dakota
- Tobacco and Vaping Laws in South Dakota
- Elder Abuse Laws in South Dakota
- Voyeurism Laws in South Dakota
- Assault on a Police Officer in South Dakota
- All South Dakota criminal law rules
FAQ
Is delta-8 legal in South Dakota?
South Dakota bans intoxicating hemp-derived THC made by chemical conversion. Since 2024 it is a crime to chemically modify or convert hemp or CBD into delta-8, delta-9, delta-10 or any other THC isomer, or to sell or distribute hemp or a hemp product containing chemically derived cannabinoids; each is a Class 2 misdemeanor. The definition of a legal industrial hemp product (no more than 0.3% total delta-9 THC) expressly excludes products with chemically derived cannabinoids such as delta-8, delta-10, THC-O, HHC and THCP. Separately, selling any consumable product containing delta-8 THC, THCA, THC-O or HHC to someone under 21 is a Class 1 misdemeanor, and an under-21 buying or possessing one commits a Class 2 misdemeanor.
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.