Home / Compounds / CBN (Cannabinol) / South Dakota

Is CBN (Cannabinol) Legal in South Dakota? (2026)

Legal

As of October 22, 2026, CBN (Cannabinol) is legal to sell at retail in South Dakota. Hemp-legal; CBN unscheduled; non-psychoactive cannabinoids expressly carved out of the converted-cannabinoid ban. Controlling source: SDCL 38-35-1 (hemp / chemically derived cannabinoid carve-out).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
unscheduled

What the record says

CBN is not named in SD's Schedule I (SDCL 34-20B-14(20),(47)) - the THC entry plus its 6,6-dimethyl-benzo[c]chromene class and the closed synthetic-cannabinoid list do not reach a distinct non-THC cannabinoid. The hemp cap is total delta-9 THC (not all-isomers). Decisively, SD's 'chemically derived cannabinoid' ban (38-35-1(7)) EXPRESSLY EXCLUDES non-psychoactive cannabinoids (38-35-1(3)(b)) - so even converted CBN remains a permitted hemp derivative, and CBN-in-isolation has no THC to cap.

Controlling language, verbatim

'Chemically derived cannabinoid' ... The term does not include: (a) Cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst; (b) Non-psychoactive cannabinoids; or (c) Cannabinoids in a topical cream product.

Source of excerpt

Citations

  1. SDCL 38-35-1 (hemp / chemically derived cannabinoid carve-out) (sdlegislature.gov, 2026-06-30) PRIMARYOFFICIAL
  2. SDCL 34-20B-14(20),(47) (Schedule I THC + synthetic cannabinoids) (sdlegislature.gov, 2026-06-30)OFFICIAL

Where CBN (Cannabinol) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

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

Open the interactive map · Every compound in South Dakota

Federal posture

Not federally scheduled. CBN (cannabinol) - not federally scheduled; hemp-derived CBN sits inside the hemp definition Federal detail

Verbatim law on file for South Dakota

4 instruments on file for this compound's framework in South Dakota; 2 of 2 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

CBN (Cannabinol) in neighboring states

CBN (Cannabinol) in other states

Same framework in South Dakota

Other compounds in South Dakota

Cite this page

Compound Analytics. "Is CBN (Cannabinol) Legal in South Dakota? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbn/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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