As of October 8, 2026, CBG / CBDA / CBGA (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 CBG 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, CBG / CBDA / CBGA (hemp-derived) is legal to sell at retail in South Dakota as tincture / sublingual. South Dakota: plant-derived CBG/CBDA oils legal; 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 CBG, CBDA and CBGA oils. 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, CBG / CBDA / CBGA (hemp-derived) is legal to sell at retail in South Dakota as edible / ingestible. South Dakota: plant-derived CBG gummies and drinks legal; 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 CBG gummies, CBG drinks and water-soluble CBG (CBGo). 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, CBG / CBDA / CBGA (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in South Dakota as raw material / ruo. Exposure: It is unclear whether bulk CBG isolate or distillate is an exempt finished "industrial hemp product" or "industrial hemp" whose purchase for processing needs a state processor license. That license requirement is also repealed on January 1, 2027. Controlling source: SDCL 38-35-2 (license required to purchase or receive industrial hemp).
Verified October 8, 2026 · confidence: under_reviewNo person may purchase, receive, or obtain industrial hemp or product in process, other than industrial hemp seed or industrial hemp product, for planting, storing, propagating, producing, or processing unless the person has a license as provided by this chapter
| Form | Status | Headline | Verified |
|---|---|---|---|
| Flower / raw plant | Legal | South Dakota: natural CBD/CBG hemp flower legal; HB 1125 (2024) bans only chemically derived cannabinoids. | 2026-10-08 |
| Tincture / sublingual | Legal | South Dakota: plant-derived CBG/CBDA oils legal; converted cannabinoids banned. | 2026-10-08 |
| Edible / ingestible | Legal | South Dakota: plant-derived CBG gummies and drinks legal; converted cannabinoids banned. | 2026-10-08 |
| Raw material / RUO | Gray area | South Dakota: bulk CBG allowed; an SD buyer that processes it may need a DANR processor license until 2027. | 2026-10-08 |
Among South Dakota's 6 neighbors, Iowa, Minnesota, Montana and North Dakota are illegal; Wyoming is restricted; Nebraska is legal.
Map and neighbor comparison show flower / raw plant. Open the interactive map · Every compound in South Dakota
Federally restricted. Hemp today; from Dec 11, 2026 a pre-roll or cigarette over 0.4 mg total THC per container leaves hemp (Schedule I) Federal detail
4 instruments on file for this compound's framework in South Dakota; 13 of 15 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.
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