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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 productsSouth 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.

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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.