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
