Is Delta-8 Legal in South Dakota?

The Mount Rushmore State regulates hemp-derived delta-8, but CBD remains in a legal grey area.

Harvesting delta-8 THC flower in South Dakota farm
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Delta-8 is legal but regulated in South Dakota. 

State lawmakers recently passed a bill implementing an age limit of 21 and older for those using, possessing, and purchasing hemp-derived delta-8 products. The same regulations apply to the use, possession, and purchase of delta-10 THC, HHC, THC-O, and all other delta-9 isomers. 

Recreational marijuana is illegal, but medical marijuana is legal in South Dakota and has been since 2021. There are no decriminalization laws for those caught with recreational cannabis. 

South Dakota’s CBD laws are confusing, and the legality of hemp-derived CBD products remains in a grey area. The state added CBD to its list of controlled substances while allowing prescription-only Epidiolex, a pharma-based epilepsy drug containing CBD and THC. 


Summary

  • South Dakota regulates delta-8. State lawmakers allow the use, possession, and purchase of delta-8 products for users 21 and above. 
  • The state also allows other THC isomers for those aged 21 and over, including THC-O and HHC. 
  • Medical marijuana is legal but limited to licensed medical cannabis patients with a qualifying condition. Recreational marijuana remains strictly illegal. 
  • Hemp-derived CBD is in a legal grey area. South Dakota lawmakers added CBD to its list of controlled substances, only allowing Epidiolex.

Is delta-8 legal in South Dakota?

Delta-8 THC is legal but restricted and regulated in South Dakota. 

Adults over the age of 21 can use, possess, and purchase delta-8 products online and through physical retail stores. Selling delta-8 products to persons under 21 is a Class 2 misdemeanor punishable by up to 30 days in prison and a $500 fine.

The legislative history of delta-8 in South Dakota

On March 10, 2022, Rep. Taylor Rehfeldt (R-Sioux Falls) signed House Bill 1292. It regulates delta-8 THC products and limits their sale to users 21 and above. Parents and guardians of users can purchase delta-8 products. The same regulations apply to other THC isomers, including THC-O acetate and HHC.

You can read the bill in full below:

South Dakota house bill 1292 regulates delta-8 THC in the state
Source: House Bill 1292

Buying delta-8 in South Dakota

Delta-8 vape product purchased in South Dakota
Delta-8 products are legally sold in retail CBD stores and vape shops across South Dakota. Photo: CBD Oracle

You can legally purchase hemp-derived delta-8 online and through physical retail stores in South Dakota, provided you’re above 21. If you’re under 21, you aren’t lawfully able to use, possess, or purchase hemp delta-8 products. 

While physical retail stores are a great way to purchase delta-8 products in South Dakota, we recommend buying from online delta-8 vendors. All you need is an internet connection and a credit card. The only issue is knowing which vendor to purchase from. 

Our comprehensive list of the best delta-8 products is a decent starting point. Here are the most popular D8 brands you can find online or in retail stores:

Our expert reviewers vet every delta-8 company, ensuring safety, transparency, quality, and value for money across the board.

Can you travel to South Dakota with delta-8?

We don’t recommend you travel to South Dakota with hemp or marijuana-derived delta-8 products. Hemp-derived delta-8 is regulated, and possession is restricted to users 21 and over. Because of these restrictions, having delta-8 in your possession might cause problems with law enforcement. 

Marijuana-derived delta-8 is illegal in South Dakota and on the federal level. Under no circumstances should you transport or import marijuana-derived delta-8 products across state borders. 

RELATED: Where is Delta 8 Legal in the US? (Map)

Is marijuana legal in South Dakota?

Medical cannabis vape product sold in South Dakota

While South Dakota has some of the strictest cannabis laws in the US, medical cannabis is legal under state law. 

Qualifying patients can use and possess up to 3 oz of medical cannabis and cultivate no more than three cannabis plants for personal use. 

However, adult-use recreational cannabis is strictly illegal. Possession of recreational cannabis can result in severe penalties. 

Medical marijuana laws in South Dakota

South Dakota officially legalized medical cannabis on July 1, 2021, following a successful 2020 ballot initiative (Measure 26).

Ballot measure 26 medical marijuana legalization in South Dakota

This initiative allows licensed medical marijuana patients legal access to 3 oz of medical cannabis and no more than eight grams in concentrated form. It also permits the cultivation of three cannabis plants at home for personal use. 

Several bills have amended South Dakota’s medical cannabis laws. 

For example, Senate Bill 19 allows nursing homes, treatment centers, and mental health centers to restrict cannabis use in their facilities. Likewise, Senate Bill 26 allows nurse practitioners and physician’s assistants to certify potential medical cannabis patients, granting them access to medical marijuana. 

RELATED: Which is Better for Sleep, Delta 8 or THC?

Recreational marijuana laws

South Dakota strictly prohibits recreational marijuana. 

The use, possession, sale, purchase, and production of recreational cannabis in any quantity is illegal under state law, and there are no decriminalization laws. Use and possession penalties are notoriously harsh. Even testing positive for cannabis can be a misdemeanor offense punishable by jail time or fines. 

South Dakota’s cannabis prohibition began in 1931 and has yet to become legal despite several promising legalization bills.  

However, as of May 2022, pro-cannabis legalization advocates secured and submitted enough signatures for cannabis legalization to be put on the upcoming November state voter ballot. 

South Dakota has arguably the harshest recreational cannabis laws in the entire US. 

Possession of 2 ounces or less of cannabis is a Class 1 misdemeanor, punishable by up to 1 year in prison and a maximum fine of $2,000. 

Possession of over 2 ounces (up to half a pound) of cannabis is a Class 6 felony, punishable by up to 2 years imprisonment and a maximum fine of $2,000. 

Can you buy delta-10, THC-O, or HHC in South Dakota?

HHC vape cartridge product purchased in South Dakota
Intoxicating hemp products including HHC, THC-O, and delta-10 are available for purchase through online or retail stores in South Dakota. Photo: CBD Oracle

Yes, according to House Bill 1292, adults over the age of 21 can buy delta-10, THC-O, and HHC provided it’s sourced from hemp and not marijuana. You can find delta-8, THC-O, and HHC products online and through physical retail stores located all across the state. 

RELATED: Is HHC Stronger than THC?

Is CBD legal in South Dakota?

The legality of hemp-derived CBD in South Dakota is unclear and caught between conflicting state and federal legislation, as well as confusing legal language and definitions (or lack thereof). 

Following the federal Agriculture Improvement Act, which legalized hemp production and cultivation across all 50 US states, South Dakota passed House Bill 1008 on March 13, 2020. This bill legalized the production and cultivation of hemp in line with the guidelines set out by the Farm Bill. 

RELATED: How Does Delta 8 Compare to CBD?

However, before House Bill 1008, South Dakota lawmakers passed Senate Bill 95. This bill moved CBD from a Schedule I to a Schedule IV controlled substance. Schedule IV means it’s still illegal but has a low potential for abuse and low risk of dependence. Other Schedule IV substances include Xanax, Valium, and Tramadol. 

In a statement released by Rep. Attorney General Jason R. Ravnsborg on March 25, 2019, he clarifies that current state law “makes industrial hemp illegal and all forms of CBD oil illegal.” Prescription-only CBD drug Epidiolex remains legal. 

According to reports, hemp CBD products are available across the state. Whether they’re legal or not is open to interpretation. We recommend purchasing CBD products with some caution. 

RELATED: Is Delta 10 Stronger than Delta 8?

Upcoming legislation in South Dakota

There is no upcoming legislation that could change the legality of delta-8 in South Dakota. 

Conclusion

South Dakota’s cannabis laws are a minefield. Delta-8, an intoxicating compound almost identical to delta-9, is now regulated but completely legal for users 21 and above. You can freely use, possess, and purchase delta-8 products and experience a fantastic high. 

Meanwhile, CBD is a controlled substance, as are other hemp-derived compounds. The state’s attorney general even told South Dakotans that hemp-derived CBD products are off-limits. Very weird. We’re not sure how to wrap our heads around all this.

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