Is HHC Legal in South Dakota? (2026 Update)

May 22, 2026

HHC is illegal in South Dakota. HB 1125 bans hydrogenated and chemically converted hemp cannabinoids. Class 2 misdemeanor. Active enforcement since July 14, 2025.

South Dakota

Cannabis & Hemp Overview

HHC (hexahydrocannabinol) is illegal in South Dakota. HB 1125, effective July 1, 2024, makes chemical modification or conversion of industrial hemp a Class 2 misdemeanor and prohibits the sale or distribution of chemically modified hemp products. Because HHC is produced through hydrogenation of hemp-derived CBD or delta-9, every commercial HHC SKU is captured by the statute.

The Department of Health and Department of Public Safety began active retail enforcement on July 14, 2025 after a June 12, 2025 joint notice. Federal H.R. 5371 §781, effective November 12, 2026, will also exclude synthetic cannabinoids from the federal hemp definition.

South Dakota

Cannabis & Hemp Key Facts

Cannabis compliance ai
Legal Status:
HHC

Illegal

Cannabis compliance ai
Applicable Law

HB 1125 (2024); SDCL Chapter 38-35; SDCL Chapter 34-20B

Cannabis compliance ai
Product Potency Limits

All HHC products prohibited (hydrogenation requires a chemical catalyst).

Cannabis compliance ai
License Required?

Yes

Related Regulatory Blogs/ News: