Is Hemp-Derived Delta-9 THC Legal in South Dakota? (2026 Update)
May 22, 2026
Hemp-derived delta-9 under 0.3% is legal in South Dakota if naturally derived. HB 1125 bans chemical conversion. Federal cap of 0.4 mg per container arrives Nov 2026.
Hemp-derived delta-9 under 0.3% is legal in South Dakota if naturally derived. HB 1125 bans chemical conversion. Federal cap of 0.4 mg per container arrives Nov 2026.
Hemp-derived delta-9 THC is restricted but legal in South Dakota when the product stays under 0.3% delta-9 by dry weight and is derived from naturally grown hemp without chemical conversion. The threshold tracks the federal hemp definition and is carried through SDCL Chapter 38-35. HB 1125, effective July 1, 2024, removed chemically converted delta-9 from the legal category and made each noncompliant product a Class 2 misdemeanor.
Retail enforcement intensified on July 14, 2025, after a June 12, 2025 joint notice from the Department of Health and Department of Public Safety. Federal H.R. 5371 §781, effective November 12, 2026, will cap total THC in hemp products at 0.4 milligrams per container nationwide.
Restricted
HB 1125 (2024); SDCL Chapter 38-35; SDCL Chapter 34-20B
Hemp definition: ≤0.3% delta-9 by dry weight. Naturally derived only. No chemical catalyst. State has no statutory mg-per-serving cap.
Yes
A hemp-derived delta-9 gummy or beverage that contains delta-9 THC at 0.3% or less by dry weight and is made from naturally grown hemp without chemical conversion remains on solid legal ground in South Dakota. The category that has been pulled off shelves since July 2025 is chemically converted delta-9 (CBD-to-delta-9 isomerization) and any hemp product where the conversion process uses a chemical catalyst.
SDCL Chapter 38-35 incorporates the federal hemp definition: Cannabis sativa with delta-9 THC at or below 0.3% on a dry-weight basis. SDCL Chapter 34-20B is the controlled-substances code; marijuana is everything above the hemp threshold. HB 1125, signed by Governor Kristi Noem on March 18, 2024 and effective July 1, 2024, amended Chapter 38-35 to make it illegal to convert CBD into delta-9 THC (or any other THC isomer, analog, or derivative) through a chemical process. The bill also bans the sale and distribution of those chemically converted products.
Two parallel tests apply to any hemp delta-9 product sold in South Dakota: (1) the federal 0.3% delta-9 dry-weight threshold, which is the state law minimum, and (2) the HB 1125 rule against chemical conversion. A gummy that hits 5 milligrams of delta-9 in a 1.7-gram serving can satisfy the percentage math, but if the delta-9 was produced by isomerization rather than direct extraction, it is no longer compliant. The Department of Agriculture and Natural Resources expects a Certificate of Analysis that documents both the percentage and the conversion method.
The Department of Health and Department of Public Safety jointly notified licensed hemp businesses on June 12, 2025 that enforcement of HB 1125 would begin July 14, 2025. Each noncompliant product is a separate Class 2 misdemeanor (up to 30 days in jail and a fine of up to $500). State and local sweeps began across counties including Pennington that same month. Attorney General Marty Jackley has supported active retail enforcement.
Medical cannabis is legal under Measure 26 (2020) and administered by the Department of Health. Adult-use remains illegal after Initiated Measure 29 failed on November 5, 2024 by roughly 55% no. The hemp-derived delta-9 market is the only legal channel for an over-the-counter THC product in the state, which is why HB 1125 compliance now drives retail viability.
Federal H.R. 5371 §781, signed November 12, 2025 and effective November 12, 2026, replaces the federal 0.3% delta-9 dry-weight standard with a post-decarboxylation total-THC test and caps finished hemp products at 0.4 milligrams total THC per container. The majority of current hemp delta-9 edibles will be out of compliance on that date. South Dakota operators should reformulate now and prepare to operate under the tighter federal cap.
Are hemp-derived delta-9 gummies legal in South Dakota?
Yes, when the product is under 0.3% delta-9 by dry weight and is naturally derived without chemical conversion. HB 1125 disqualifies chemically converted products.
Is there a state mg-per-serving cap?
South Dakota has no statutory mg-per-serving cap. The federal 0.4 mg per container cap arrives November 12, 2026.
Does hemp delta-9 show up on a drug test?
Yes. Hemp-derived delta-9 produces the same metabolites as marijuana-derived delta-9 and will trigger a positive on standard screens.
Who enforces the hemp framework?
The Department of Agriculture and Natural Resources administers licensing under SDCL 38-35. The Department of Health and Department of Public Safety lead retail enforcement under HB 1125.
What changes on November 12, 2026?
Federal H.R. 5371 §781 imposes a 0.4 milligram total THC per container cap and replaces the delta-9-only test with a total-THC standard.
