Is HHC Legal in South Dakota? (2026 Update)

The short answer

HHC is illegal in South Dakota. The statute that controls is HB 1125, which prohibits the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted hemp products. HHC is hexahydrocannabinol, a fully saturated analog of THC produced by hydrogenating hemp-derived CBD or delta-9. Hydrogenation requires a metal catalyst (commonly palladium or nickel), which places HHC squarely inside the conduct that HB 1125 was written to capture.

Statutory framework

SDCL Chapter 38-35 governs industrial hemp and gives the Department of Agriculture and Natural Resources rulemaking authority. SDCL Chapter 34-20B is the controlled-substances code. HB 1125 amended Chapter 38-35 to add the chemical-conversion prohibition. Governor Kristi Noem signed the bill on March 18, 2024 and it took effect July 1, 2024. The penalty under HB 1125 is a Class 2 misdemeanor: up to 30 days in jail and a fine of up to $500 for each noncompliant product manipulated or sold.

Why HHC is captured

HHC does not occur in commercially useful quantities in the hemp plant. Manufacturers produce it through catalytic hydrogenation. The HB 1125 carve-out for cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without a chemical catalyst does not apply to HHC because hydrogenation requires a catalyst. The result is that retail HHC products are prohibited regardless of the source feedstock.

Enforcement

On June 12, 2025, the Department of Health and Department of Public Safety jointly notified licensed hemp businesses that active enforcement of HB 1125 would begin July 14, 2025. Pennington County and other jurisdictions began sweeps that month and continued through the rest of 2025. Attorney General Marty Jackley publicly supported the crackdown. Each unit of HHC product on a shelf is a separate Class 2 misdemeanor count under HB 1125.

What this means at retail

• Pull all HHC gummies, vapes, disposables, tinctures, and beverages.
• Do not substitute HHC with HHC-O, HHCP, THC-O, or THCp; the statute uses broad language covering any tetrahydrocannabinol isomer, analog, or derivative produced by chemical conversion.
• Document inventory destruction or returns to the supplier.
• Verify that any remaining hemp SKUs have a Certificate of Analysis showing naturally derived production without a chemical catalyst.

Medical and adult-use context

Medical cannabis is legal under Measure 26 (2020), administered by the Department of Health. Adult-use cannabis remains illegal: Initiated Measure 29 failed at the November 5, 2024 election (about 55% no). HHC is not an authorized medical cannabis product, and the medical card does not cover hemp-derived intoxicants.

Federal change on November 12, 2026

Federal H.R. 5371 §781, signed November 12, 2025 and effective November 12, 2026, excludes synthetic and chemically converted cannabinoids from the federal hemp definition. HHC sits inside the excluded category. After that date, HHC loses federal Farm Bill protection regardless of state law. The federal change reinforces the South Dakota framework already in place.

FAQ

Is HHC legal in any form in South Dakota?

No. Hydrogenation is a chemical conversion and HB 1125 captures all chemically converted cannabinoids.

What is the penalty for selling HHC?

Class 2 misdemeanor: up to 30 days in jail and a fine of up to $500 per noncompliant product.

Can I order HHC online into South Dakota?

HB 1125 does not separately criminalize possession by an out-of-state buyer, but shipments are subject to seizure and the controlled-substances code still applies.

Does HHC show up on a drug test?

HHC metabolites can overlap with delta-9 metabolites on standard immunoassays. Specialty panels may distinguish them but are uncommon.

What changes on November 12, 2026?

Federal H.R. 5371 §781 excludes synthetic cannabinoids from the federal hemp definition, removing the remaining federal Farm Bill cover for HHC.