Is Delta-10 THC Legal in South Dakota? (2026 Update)
May 22, 2026
Delta-10 is illegal in South Dakota. HB 1125 bans chemically converted hemp cannabinoids. Class 2 misdemeanor. Active enforcement since July 14, 2025.
Delta-10 is illegal in South Dakota. HB 1125 bans chemically converted hemp cannabinoids. Class 2 misdemeanor. Active enforcement since July 14, 2025.
Delta-10 THC is illegal in South Dakota. HB 1125 (2024) prohibits the chemical conversion of hemp into delta-10 THC or any other tetrahydrocannabinol isomer, analog, or derivative, and prohibits the sale or distribution of those products. Because virtually all commercial delta-10 is produced by acid-catalyzed isomerization of CBD or delta-9, the entire category is captured by the statute.
The bill was signed by Governor Kristi Noem on March 18, 2024 and took effect July 1, 2024. Active retail enforcement began July 14, 2025. Each noncompliant product is a separate Class 2 misdemeanor. Federal H.R. 5371 §781, effective November 12, 2026, will exclude synthetic cannabinoids from the federal hemp definition.
Illegal
HB 1125 (2024); SDCL Chapter 38-35; SDCL Chapter 34-20B
Chemically converted delta-10 prohibited. No commercially viable naturally derived delta-10 exists.
Yes
Delta-10 THC cannot be sold legally in South Dakota. HB 1125 prohibits engaging in any process that converts CBD into delta-10 THC or any other tetrahydrocannabinol isomer, analog, or derivative, and prohibits selling or distributing those converted products. Commercial delta-10 is produced through Lewis-acid catalysis or other chemical conversion routes, which means the production process itself is the prohibited act.
SDCL Chapter 38-35 governs industrial hemp. HB 1125 amended Chapter 38-35 to add a prohibition on chemical modification or conversion and on the sale of chemically modified products. Governor Kristi Noem signed the bill on March 18, 2024, and the effective date was July 1, 2024. SDCL Chapter 34-20B governs controlled substances; cannabinoids produced outside the narrow hemp definition fall under the marijuana classification.
Delta-10 occurs in only trace amounts in the cannabis plant. To reach a sellable concentration, manufacturers convert CBD or delta-9 through hydrogenation or Lewis-acid catalyzed isomerization. Both routes use a chemical catalyst. HB 1125 explicitly disqualifies any cannabinoid produced with a chemical catalyst from the hemp definition.
The Department of Health and Department of Public Safety issued a joint courtesy notice on June 12, 2025 warning licensed hemp businesses that active enforcement would begin July 14, 2025. Pennington County and other jurisdictions began product seizures and inspection sweeps. Each noncompliant product is a separate Class 2 misdemeanor: up to 30 days in jail and a fine of up to $500. Retailer licenses can be suspended or revoked under the Department of Agriculture and Natural Resources hemp licensing rules.
Medical cannabis is legal under Measure 26 (2020), administered by the Department of Health. Adult-use cannabis remains illegal: Initiated Measure 29 failed at the November 5, 2024 election (about 55% no). Delta-10 is not available through the medical program; the medical card permits purchases only at licensed dispensaries.
Federal H.R. 5371 §781, signed November 12, 2025 and effective November 12, 2026, excludes synthetic and chemically converted cannabinoids from the federal hemp definition. Delta-10 sits squarely inside the excluded category. After that date, delta-10 loses federal Farm Bill protection regardless of state law. The federal change aligns with the South Dakota framework already in force.
Is delta-10 legal anywhere in South Dakota?
No. The retail prohibition is statewide.
Can I order delta-10 online into South Dakota?
HB 1125 does not separately criminalize possession by an out-of-state buyer, but shipments are subject to seizure and the controlled-substances code still applies.
Does delta-10 show up on a drug test?
Yes. Delta-10 metabolites overlap with delta-9 THC metabolites on most standard screens.
What is the penalty for selling delta-10?
Class 2 misdemeanor: up to 30 days in jail and a fine of up to $500 per noncompliant product.
What changes on November 12, 2026?
Federal H.R. 5371 §781 excludes synthetic cannabinoids from the federal hemp definition, removing whatever federal Farm Bill cover remained for delta-10.
