Is Delta-9 THC (hemp-derived) Legal in South Dakota? (2026)
Vape / inhalable
Illegal
As of July 25, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in South Dakota as vape / inhalable. Hemp Delta-9 vape - illegal. Effective 2020-03-27. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
Categorically banned regardless of THC content or source. SDCL 38-35-21: 'The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor.' Applies to any inhalable delivery format, including vapor products.
As of July 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Dakota as capsule / tablet. Hemp Delta-9 capsule - restricted. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
As of July 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Dakota as beverage. Hemp Delta-9 drink - restricted. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
As of July 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Dakota as edible / ingestible. Hemp Delta-9 edible - restricted. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
As of July 25, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in South Dakota as flower / raw plant. Hemp Delta-9 flower - illegal. Effective 2020-03-27. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
Smokable hemp flower is categorically banned under SDCL 38-35-21 regardless of THC compliance -- South Dakota bans the FORM (smoking/inhaling industrial hemp), not just non-compliant THC content.
As of July 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Dakota as other. Hemp Delta-9 other - restricted. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
As of July 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Dakota as powder / bulk. Hemp Delta-9 powder - restricted. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
As of July 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Dakota as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
As of July 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Dakota as tincture / sublingual. Hemp Delta-9 tincture - restricted. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
As of July 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in South Dakota as topical. Hemp Delta-9 topical - restricted. Controlling source: SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail
Pending deadlines
2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
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) Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.
Verbatim law on file for South Dakota
4 instruments on file for this compound's framework in South Dakota; 40 of 42 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
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.
[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
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
Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in South Dakota? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/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.