Is Delta-8-THC Legal in South Dakota? (2024 Update)

by Kat Austin February 21, 2021 6 min read

Is Delta-8-THC Legal in South Dakota? (2024 Update) - Vida Optima™

Delta-8-THC, a psychoactive cannabinoid derived from hemp, is legal by federal law, but is Delta-8-THC legal in South Dakota?

Unfortunately, no, Delta-8 is not legal in South Dakota. The state changed it's stance on the THC isomer in March of 2024 when Governor Kristi Noem signed HB 1125 into law. 

Here’s what you should know about South Dakota Delta-8 laws before you buy:

Looking for legal Delta-8-THC you can buy in South Dakota? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
South Dakota Delta-8-THC Laws
Is Delta-8 a Controlled Substance in South Dakota?
Delta-8-THC Possession Limits in South Dakota
Is Delta-9-THC Legal in South Dakota?
Where to Buy Delta-8 in South Dakota
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is not legal in the state of South Dakota. 
  • A recent bill prohibits the chemical alteration of hemp products, making it illegal to manufacture or possess Delta-8. 
  • Although Delta-8 is not legal in the state, many consumers still find unregulated products in store. 
  • Ensuring the quality ad safety of Delta-8 is crucial until more regulations are in place. 

South Dakota Delta 8 THC Laws

Like many other states, South Dakota originally legalized hemp and all hemp derivatives (including CBD!) using a definition similar to the one used in the 2018 Farm Bill, the bill that legalized hemp at the federal level. 

In South Dakota, hemp is defined as the plant Cannabis Sativa and all parts of the plant, including cannabinoids, isomers, salts of isomers, and all other derivatives.

However, the state recently passed HB 1125 into law in March of 2024. This bill effectively prohibited the chemical conversion of hemp plants and made the sale and possession of chemically converted hemp products illegal in the state.

More specifically, it amended the definition for hemp products to state that the term "does not include a product containing chemically derived cannabinoids, including:

(a) Delta-8 tetrahydrocannabinol, also known as delta-8-THC;
(b) Delta-10 tetrahydrocannabinol, also known as delta-10-THC;
(c) Tetrahydrocannabinol acetate, also known as THC-O-acetate or THC-O;
(d) Hexahydrocannabinol, also known as HHC; or
(e) Tetrahydrocannabiphoral, also known as THCP;"

Simply put, Delta-8 is illegal when made through isomerization from CBD, which is the primary method used to create Delta-8 products. Delta-8 that naturally occurs in the plant would still be considered legal by state law. Unfortunately, natural Delta-8 levels are too low for effective extraction, so naturally extracted Delta-8 products are not readily available. 

Here are some highlights from other state hemp laws:

2019 HOUSE BILL 1191

Section 1.That subdivision (7) of § 22-42-1 be amended to read:

(7) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such the plant;

Section 2.That subdivision (12) of § 34-20B-1 be amended to read:

(12) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant or cannabidiol, a drug product approved by the United States Food and Drug Administration;

Section 3.That the code be amended by adding a NEW SECTION to read:

For the purposes of this Act, industrial hemp or hemp, is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Hemp plants in full bloom, just before harvested and processed to make legal Delta-8-THC products.Is Delta-8 a Controlled Substance in South Dakota?

South Dakota’s Controlled Substances Act does not mention Delta-8 directly. However, the state has specifically removed “hemp” from the definition of marijuana, which is listed as a Controlled Substance in the state. By exclusion, we do not believe Delta-8 is a Controlled Substance in South Dakota.

Delta 8 THC Possession Limits in South Dakota

South Dakota treats hemp as an agricultural commodity, and there are no specific possession limits in place for hemp or hemp-derived products, like Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in South Dakota?

Soon! South Dakota voters approved Constitutional Amendment A, the Marijuana Legalization Initiative, which aims to legalize cannabis for recreational use for adults age 21 and older. Voters also approved Measure 26, which initiated the state’s medical cannabis program. Both cannabis programs will officially take effect July 21, 2021.

Where to Buy Delta 8 in South Dakota?

Delta-8-THC vapes, a popular dosing style available in South Dakota stores and online

South Dakota allows hemp derived products to be marketed and sold in the state, and there is very little regulation in place for such products. Other states in the area that allow De;ta-8 production (like Nebraska, North Dakota, and Minnesota) may also have low regulations.

That means you may find Delta-8-THC in the local area, but you should be wary of product quality.

While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in South Dakota?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in South Dakota according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Ready to shop for Delta-8 in South Dakota? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.

FAQ: Is Delta 8 Legal in South Dakota?

Does South Dakota sell Delta 8?

No, Delta 8 THC and other chemically modified hemp products are illegal and are not available for purchase in South Dakota as of March 2024.

Is Delta-9 illegal in South Dakota?

Delta-9 gummies derived from hemp containing no more than 0.3% Delta-9 THC are permitted in South Dakota. However, purchasing Delta-9 gummies with higher Delta-9 THC concentrations requires registration under the state medical marijuana program.

Did South Dakota legalize recreational marijuana?

South Dakota voters approved adult-use legalization in 2020, but the initiative was overturned by the state Supreme Court following challenges from Governor Kristi Noem. Efforts for legalization continue.

Can you legally travel with Delta 8?

Yes, you can legally travel with Delta 8 as long as its Delta-9 THC content is less than 0.3% and it's legal in both the departure and destination states, according to TSA rules.

What states have banned delta-8?

Delta-8 THC is banned in several states including Alaska, Colorado, Delaware, Hawaii, Idaho, Massachusetts, Mississippi, and Montana, among others.

Is Delta 8 a felony in North Dakota?

Yes, Delta 8 THC is considered a Controlled Substance in North Dakota, making its possession and use illegal.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “HB 1191” https://sdlegislature.gov/Session/Bill/9905
  5. “Office of Attorney General Statement to Legalize Marijuana” https://sdsos.gov/elections-voting/assets/2020_CA_LegalizeMarijuana_AGStatement.pdf
  6. “Measure 26” https://sdsos.gov/elections-voting/assets/MedMarijPetitionApproved.pdf

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