Is Delta-8 THC Legal in South Dakota? (2026 Update)
May 22, 2026
Delta-8 is illegal in South Dakota. HB 1125 bans chemical conversion of hemp into delta-8. Class 2 misdemeanor. Active enforcement since July 14, 2025.
Delta-8 is illegal in South Dakota. HB 1125 bans chemical conversion of hemp into delta-8. Class 2 misdemeanor. Active enforcement since July 14, 2025.
Delta-8 THC is illegal in South Dakota. HB 1125, signed by Governor Kristi Noem on March 18, 2024 and effective July 1, 2024, made it a crime to chemically convert hemp into delta-8, delta-9, delta-10, or any other THC isomer, analog, or derivative. Manufacturing, distribution, or sale of chemically converted delta-8 is a Class 2 misdemeanor, with each non-compliant product treated as a separate count.
The Department of Health and Department of Public Safety launched active retail enforcement on July 14, 2025, after a June 12, 2025 courtesy notice to licensed hemp businesses. Federal H.R. 5371 §781, effective November 12, 2026, will exclude synthetic cannabinoids from the federal hemp definition nationwide.
Illegal
HB 1125 (2024); SDCL Chapter 38-35; SDCL Chapter 34-20B
Chemically converted delta-8 prohibited. Trace naturally occurring delta-8 under 0.3% total THC permitted in compliant hemp products.
Yes
