Is CBD (Cannabidiol, hemp-derived) Legal in South Dakota? (2026)

Edible / ingestible

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in South Dakota as edible / ingestible. South Dakota: natural CBD legal under the 0.3% hemp definition; converted cannabinoids banned. Controlling source: SB 61 (2026) reproducing SDCL 38-35-1.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2024-07-01

What the record says

SDCL 38-35-1 defines hemp at 0.3% total delta-9 THC dry weight, and HB 1125 (2024, SDCL 34-20B-118) bars converting hemp or CBD into THC isomers and selling chemically derived cannabinoids (Class 2 misdemeanor per package). Naturally derived CBD has no retail, age or food rule. SB 61 (2026), a 0.4 mg per container cap, failed 14-19 on Jan. 22, 2026. Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: 0.3% total delta-9 THC; no chemically derived cannabinoids. Pending: SB 61-type 0.4 mg cap may return in 2027. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

not more than three-tenths of one percent on a dry weight basis

Source of excerpt

Citations

  1. SB 61 (2026) reproducing SDCL 38-35-1 (South Dakota Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL
  3. SB 61 (2026) (LegiScan, 2026-10-07)OFFICIAL

Flower / raw plant

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in South Dakota as flower / raw plant. South Dakota: natural CBD/CBG hemp flower legal; HB 1125 (2024) bans only chemically derived cannabinoids. Controlling source: SB 61 (2026) introduced.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2024-07-01

What the record says

HB 1125 (2024, eff. July 1, 2024) amended SDCL 34-20B-118 to bar converting hemp or CBD into THC isomers and selling chemically derived cannabinoids (Class 2 misdemeanor per package); it does not ban naturally occurring CBD/CBG flower. SDCL 38-35-1 defines hemp by a total delta-9 THC concentration of not more than 0.3% on a dry weight basis (as reproduced in SB 61), which is read as post-decarboxylation. SB 61 (2026), which would have adopted a 0.4 mg per container cap, failed. Pennington County began seizing noncompliant (chemically modified) products in July 2025. Penalty: Class 2 misdemeanor for chemically derived products. Applies to CBD cigarettes, pre-rolls and flower. Flags: sale ban False, manufacture-only ban False, shipping ban False, 21+ False, license False, total-THC flower test True. Pending: SB 61 (2026) would have barred hemp products over 0.4 mg per container; it failed in the Senate 14-19 on 2026-01-22. Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container.

Controlling language, verbatim

not more than three-tenths of one percent on a dry weight basis

Source of excerpt

Citations

  1. SB 61 (2026) introduced (South Dakota Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. SDCL 38-35-1; SDCL 34-20B-118, -119 (HB 1125, 2024) PRIMARYOFFICIAL
  3. SD SB61 status (LegiScan, 2026-10-07)OFFICIAL
  4. South Dakota to crack down on hemp product sales starting July 14 (Cannabis Business Times, 2026-10-07)OTHER
  5. A Temporary Reprieve for Hemp-THC Products... But what now? (Foley Hoag, Sept 2026) (Foley Hoag LLP, 2026-10-07)OTHER

Other

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in South Dakota as other. No state hemp rule for pet CBD; treats fall under general commercial feed registration. Controlling source: SB 61 (2026) reproducing SDCL 38-35-1.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2024-07-01

What the record says

No state hemp statute or rule addresses pet products. Pet treats are commercial feed under state feed law, and AAFCO has no hemp/CBD ingredient definition, so feed registration of CBD treats can be refused (interpretive, not a named ban). Applies to CBD pet products. Limit noted: None in hemp law; state commercial feed law applies to treats. Pending: SB 61-type 0.4 mg cap may return in 2027. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

not more than three-tenths of one percent on a dry weight basis

Source of excerpt

Citations

  1. SB 61 (2026) reproducing SDCL 38-35-1 (South Dakota Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL
  3. SB 61 (2026) (LegiScan, 2026-10-07)OFFICIAL

Topical

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in South Dakota as topical. South Dakota: no state rule on CBD topicals. Controlling source: SB 61 (2026) reproducing SDCL 38-35-1.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2024-07-01

What the record says

SDCL 38-35-1 defines hemp at 0.3% total delta-9 THC dry weight, and HB 1125 (2024, SDCL 34-20B-118) bars converting hemp or CBD into THC isomers and selling chemically derived cannabinoids (Class 2 misdemeanor per package). Naturally derived CBD has no retail, age or food rule. SB 61 (2026), a 0.4 mg per container cap, failed 14-19 on Jan. 22, 2026. Applies to CBD topicals. Limit noted: 0.3% total delta-9 THC; no chemically derived cannabinoids. Pending: SB 61-type 0.4 mg cap may return in 2027. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

not more than three-tenths of one percent on a dry weight basis

Source of excerpt

Citations

  1. SB 61 (2026) reproducing SDCL 38-35-1 (South Dakota Legislature, 2026-10-07) PRIMARYOFFICIAL
  2. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL
  3. SB 61 (2026) (LegiScan, 2026-10-07)OFFICIAL

Status by product form in South Dakota

FormStatusHeadlineVerified
Edible / ingestible LegalSouth Dakota: natural CBD legal under the 0.3% hemp definition; converted cannabinoids banned.2026-10-08
Flower / raw plant LegalSouth Dakota: natural CBD/CBG hemp flower legal; HB 1125 (2024) bans only chemically derived cannabinoids.2026-10-08
Other LegalNo state hemp rule for pet CBD; treats fall under general commercial feed registration.2026-10-08
Topical LegalSouth Dakota: no state rule on CBD topicals.2026-10-08

Where CBD (Cannabidiol, hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among South Dakota's 6 neighbors, Iowa, Minnesota, Montana and North Dakota are restricted; Nebraska and Wyoming are legal.

Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in South Dakota

Federal posture

Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail

Pending deadlines

  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    From Dec 11, 2026 a final hemp product with more than 0.4 mg combined total THC (THCA included) per container is not hemp; full-spectrum CBD oils, gummies, topicals and pet products over 0.4 mg, and CBD flower and pre-rolls (0.3% total THC can exceed 0.4 mg per package) become marijuana federally. THC-free and broad-spectrum products at 0.4 mg or less stay hemp. Cannabinoids synthesized outside the plant are excluded.

Verbatim law on file for South Dakota

4 instruments on file for this compound's framework in South Dakota; 12 of 14 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

SDCL 34-20B-118 · Industrial hemp--Chemical modification or conversion--Sale or distribution--PenaltyMIRROR
Instrument
Industrial hemp--Chemical modification or conversion--Sale or distribution--Penalty
Source
https://law.justia.com/codes/south-dakota/title-34/chapter-20b/section-34-20b-118/
Retrieved
2026-07-02
Fingerprint
9cd6735a9396ddf5
34-20B-118. Industrial hemp--Chemical modification or conversion--Sale or distribution--Penalty.

No person or entity may:

(1) Chemically modify or convert industrial hemp as defined in Sec. 38-35-1, or engage in any process that converts cannabidiol, into delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, or any other tetrahydrocannabinol isomer, analog, or derivative; or

(2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids or cannabinoids created by chemically modifying or converting a hemp extract.

A violation of this section is a Class 2 misdemeanor.
SDCL 38-35-1; SDCL 34-20B-118, -119 (HB 1125, 2024) · SDCL 38-35-1; SDCL 34-20B-118, -119 (HB 1125, 2024)OFFICIAL
Instrument
SDCL 38-35-1; SDCL 34-20B-118, -119 (HB 1125, 2024)
Source
https://mylrc.sdlegislature.gov/api/Documents/293027.pdf?Year=2026
Retrieved
2026-10-07
Fingerprint
d0a5e15e18f70f7e
[As reproduced in SB 61 (2026) introduced text:] SDCL 38-35-1 [Hemp has a total delta-9 THC concentration of] "not more than three-tenths of one percent on a dry weight basis." [HB 1125 (2024) amended 34-20B-118 to prohibit converting hemp or cannabidiol into delta-8, delta-9, delta-10 or other THC isomers and selling hemp products containing chemically derived cannabinoids; violation a Class 2 misdemeanor.] [Bracketed spans summarized.]
SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) · Definition of 'industrial hemp product' and 'chemically derived cannabinoid'; prohibition on sale/distribution of chemically derived cannabinoidsOFFICIAL
Instrument
Definition of 'industrial hemp product' and 'chemically derived cannabinoid'; prohibition on sale/distribution of chemically derived cannabinoids
Source
https://mylrc.sdlegislature.gov/api/Documents/261049.pdf
Retrieved
2026-07-19
Fingerprint
fa936d45f11134c1
34-20B-1(3): "Chemically derived cannabinoid," a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant. The term does not include cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst. 38-35-1(7) "Industrial hemp product," a finished manufactured product, or consumer product made from industrial hemp with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp. This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol, also known as delta-8 THC; (b) Delta-10 tetrahydrocannabinol, also known as delta-10 THC; (c) Tetrahydrocannabinol acetate, also known as THC-O acetate or THC-O; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. New section added to chapter 34-20B: No person or entity may: (1) Chemically modify or convert industrial hemp as defined in Sec. 38-35-1, or engage in any process that converts cannabidiol, into delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, or any other tetrahydrocannabinol isomer, analog, or derivative; or (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids or cannabinoids created by chemically modifying or converting a hemp extract. A violation of this section is a Class 1 misdemeanor.
SDCL 38-35-21 · Industrial hemp for smoking prohibited--Violation as misdemeanorOFFICIAL
Instrument
Industrial hemp for smoking prohibited--Violation as misdemeanor
Source
https://sdlegislature.gov/Statutes/38-35-21
Retrieved
2026-07-18
Fingerprint
e4f4de8bffa756cf
The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor.

Related

CBD (Cannabidiol, hemp-derived) in neighboring states

CBD (Cannabidiol, hemp-derived) in other states

Same framework in South Dakota

Other compounds in South Dakota

Cite this page

Compound Analytics. "Is CBD (Cannabidiol, hemp-derived) Legal in South Dakota? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbd/south-dakota/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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