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: confirmedSDCL 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.
not more than three-tenths of one percent on a dry weight basis
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: confirmedHB 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.
not more than three-tenths of one percent on a dry weight basis
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: confirmedNo 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.
not more than three-tenths of one percent on a dry weight basis
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: confirmedSDCL 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.
not more than three-tenths of one percent on a dry weight basis
| Form | Status | Headline | Verified |
|---|---|---|---|
| Edible / ingestible | Legal | South Dakota: natural CBD legal under the 0.3% hemp definition; converted cannabinoids banned. | 2026-10-08 |
| Flower / raw plant | Legal | South Dakota: natural CBD/CBG hemp flower legal; HB 1125 (2024) bans only chemically derived cannabinoids. | 2026-10-08 |
| Other | Legal | No state hemp rule for pet CBD; treats fall under general commercial feed registration. | 2026-10-08 |
| Topical | Legal | South Dakota: no state rule on CBD topicals. | 2026-10-08 |
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 gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail
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.
9cd6735a9396ddf534-20B-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.
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.]
fa936d45f11134c134-20B-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.
e4f4de8bffa756cfThe sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor.
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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