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
