Is Delta 8 THC Legal in South Dakota?
According to state law, Delta 8 is legal in South Dakota. Though, Delta 8 is federally legal due the the 2018 US Farm Bill which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold), some US States like South Dakota have their own laws regarding these products in the State. Unlike CBD, Delta 8 is a psychoactive and will get you high. Learn about the legality of buying and selling Delta 8 within this article!
Delta 9 THC South Dakota Considerations
Yes, Delta 8 THC is legal in the State of South Dakota.
In South Dakota, Delta 8 is allowed. As long as the delta-9 tetrahydrocannabinol concentration remains at or below the .3% Delta-9 THC level as measured on a dry weight basis, Delta 8 THC Products are considered legal in the state.
Current South Dakota Delta-8 Legislation
The state of South Dakota has legalized hemp and all hemp derivatives according to a definition similar to the federal government, which includes Delta 8. According to House Bill 1191, the South Dakota Legislature enrolled the bill focused on legalizing industrial hemp and derivative products in the state.
In the Act it states:
As used in section 3 of this Act, the term, cannabinoids, includes cannabidiol, which shall be defined for purposes of this section as a processed cannabinoid product derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent.
List of controlled substances
South Dakota defines marijuana as a Controlled Substance, but it has stipulated that hemp is not subject to the definition. Therefore, we do not Delta-8 isn’t categorized as a controlled substance.
Buying and Shipping Delta 8 in South Dakota
Advocacy Groups in South Dakota Supporting Delta 8 and Hemp Laws
South Dakota Farmers Union (SDFU)
South Dakotans for Better Marijuana Laws
South Dakota NORML
News stories covering raids or busts on Delta 8 Products and stores in South Dakota
South Dakota Officially Regulates Delta-8
Delta 8 THC may soon see regulation in South Dakota
South Dakota Supreme Court Strikes Down Voter-Approved Legalization Initiative
Cannabis, hemp, marijuana and CBD: What’s the difference and can I use it?
South Dakota Judge Nips Recreational Marijuana in the Bud
Marijuana shops will be able to bank in South Dakota, pending Noem’s approval
Marijuana, hemp businesses move one step closer to banking in South Dakota
Without access to South Dakota banks, future marijuana businesses could only use cash