Is Delta 8 THC Legal in South Dakota?

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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

Though it's not specifically stated, we can infer from the text that other forms of Tetrahydrocannabinol (THC) are legal in the state.  At the federal level, the Delta-9 level must remain under the .3% limit as measured on a dry weight basis but that amount can still provide the desired euphoric effects desired by THC users-- depending on the type of product consumed.  For example, if residents were to consider buying from a Delta 9 collection for sale online, they would have options for the types of products that are lawful to ship within the state.  Not all types of THC products are created equal, though.  That's why you have to be careful buying any type of THC products, and always review the third-party lab reports before purchasing online or in a dispensary.

With THC-friendly laws, we want to dive-in more to learn about what the state says about the newly popular psychoactive cannabinoid, Delta-8-THC.


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.

The passage of this bill provided the legalization of hemp-derived products, including Delta-8 THC, as long as the Delta-9 THC levels remain at or below the .3% limit.

South Dakota Industrial Hemp Act

It was the HB 1008 which legalized the growth and production of industrial hemp in South Dakota.

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

Since Delta 8 is legal in the State of South Dakota, residents can buy D8 THC for sale with a shipping address located in the state. Delta-8 THC is allowed in the State.

Border States to South Dakota:

North Dakota, Nebraska, Minnesota, IowaWyoming and Montana

Advocacy Groups in South Dakota Supporting Delta 8 and Hemp Laws

South Dakotans are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

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



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