Is THCA Legal in South Dakota? (2026 Update)
May 22, 2026
THCA is restricted in South Dakota. HB 1125 bans chemically converted cannabinoids and post-decarb total THC above 0.3% is treated as marijuana. Enforcement active.
THCA is restricted in South Dakota. HB 1125 bans chemically converted cannabinoids and post-decarb total THC above 0.3% is treated as marijuana. Enforcement active.
THCA sits in a gray zone in South Dakota. The compound is not listed by name in state controlled-substance statutes, but the state's hemp framework was tightened by HB 1125 in 2024, and Attorney General Marty Jackley has aligned enforcement with a post-decarboxylation reading of total THC. Smokable THCA flower that converts to delta-9 above 0.3% on heating is the highest-risk category. Active retail compliance sweeps began July 14, 2025.
Effective enforcement date for the underlying chemical-conversion ban: July 1, 2024 (HB 1125). Federal H.R. 5371 §781, signed November 12, 2025, will further restrict hemp products to 0.4 milligrams total THC per container effective November 12, 2026.
Restricted
HB 1125 (2024); SDCL Chapter 38-35; SDCL Chapter 34-20B
0.3% total THC by dry weight (hemp definition); naturally derived only; no chemical catalyst permitted
Yes
THCA itself is not named in South Dakota Codified Law, but the practical effect of HB 1125 plus the state controlled-substances chapter is that high-THCA hemp flower is risky to sell or carry. South Dakota looks at post-decarboxylation total THC for the marijuana line, which means a flower lab-certified at 0.25% delta-9 but 25% THCA tests well over 0.3% once heat is applied. Attorney General Marty Jackley has publicly aligned enforcement with that math during 2025 retail compliance sweeps.
SDCL Chapter 38-35 governs industrial hemp and authorizes the Department of Agriculture and Natural Resources to administer the state hemp plan. SDCL Chapter 34-20B is the controlled-substances code; marijuana is defined to exclude hemp under 0.3% delta-9 by dry weight. HB 1125, codified into Chapter 38-35, prohibits the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted hemp products. Governor Kristi Noem signed the bill on March 18, 2024, and it took effect July 1, 2024.
On June 12, 2025, the South Dakota Department of Health and Department of Public Safety issued a joint courtesy notice to hemp retailers warning that active enforcement of HB 1125 would begin July 14, 2025. Each non-compliant product is treated as a separate Class 2 misdemeanor, carrying up to 30 days in jail and a fine of up to $500 per count. Pennington County and other jurisdictions began announced and unannounced inspection sweeps that same month.
South Dakota voters approved medical cannabis through Measure 26 in 2020, and the program is administered by the Department of Health. Adult-use cannabis remains illegal: Initiated Measure 29 failed at the November 5, 2024 election with roughly 55% voting no. Medical cardholders are not authorized to purchase hemp-derived THC products as a substitute for dispensary product.
Federal H.R. 5371 §781, signed November 12, 2025, caps total THC in hemp-derived consumer products at 0.4 milligrams per container and excludes synthetically derived cannabinoids from the federal hemp definition. The effective date is November 12, 2026. Operators selling THCA flower under a hemp label should plan for the federal change to align with South Dakota's existing chemical-conversion restrictions.
Is THCA flower legal to buy in South Dakota?
No, not in practice. State enforcement treats high-THCA flower as marijuana once heat raises total THC above 0.3%. Retail seizures began July 14, 2025.
Can I order THCA products online into South Dakota?
Possession of out-of-state hemp products is not separately criminalized by HB 1125, but those products are still subject to the controlled-substances code and federal mail rules. The risk is on the buyer.
Does the medical cannabis program cover THCA?
No. Measure 26 authorizes registered patients to purchase from licensed dispensaries only. Hemp-derived THCA is not a covered medical product.
What changes on November 12, 2026?
Federal H.R. 5371 §781 caps total THC at 0.4 milligrams per container and excludes synthetic cannabinoids from the federal hemp definition.
