Is HHC (Hexahydrocannabinol) Legal in South Dakota? (2026)

Capsule / tablet

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as capsule / tablet. HHC capsule -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC capsule -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
Same named-exclusion + Class 1 misdemeanor bar; HHC capsules are not a lawful industrial hemp product.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Beverage

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as beverage. HHC drink -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC drink -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
HHC beverages are a chemically-derived-cannabinoid industrial hemp product barred by 38-35-1(7)(d) + the 34-20B Class 1 misdemeanor offense.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Edible / ingestible

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as edible / ingestible. HHC edible -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC edible -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
HHC edibles are barred: HHC is named-excluded from 'industrial hemp product' (SDCL 38-35-1(7)(d)) and selling an industrial hemp product that contains a chemically derived cannabinoid is a Class 1 misdemeanor (34-20B new section). The native-delta-9/decarboxylation carve-out does not apply to hydrogenated HHC.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Flower / raw plant

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as flower / raw plant. HHC flower -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC flower -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
HHC-infused/sprayed flower is barred on both grounds: the named chemically-derived-cannabinoid exclusion (38-35-1(7)(d)) and the SDCL 38-35-21 flat ban on industrial hemp for smoking or inhaling.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Other

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as other. HHC other -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC other -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
Any HHC product form is a 'chemically derived cannabinoid' named at SDCL 38-35-1(7)(d) and excluded from lawful hemp; sale/distribution is a Class 1 misdemeanor (34-20B new section, 2024 HB 1125).

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Powder / bulk

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as powder / bulk. HHC powder -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC powder -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
HHC isolate/powder is a chemically derived cannabinoid named at SDCL 38-35-1(7)(d); sale/distribution is a Class 1 misdemeanor. If intended for inhaling it is also caught by SDCL 38-35-21.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Raw material / RUO

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as raw material / ruo. HHC raw material -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC raw material -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
Bulk HHC as raw material is a chemically derived cannabinoid; both the manufacture/conversion prohibition (34-20B(1)) and the sale/distribution prohibition (34-20B(2)) reach it. Class 1 misdemeanor.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Tincture / sublingual

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as tincture / sublingual. HHC tincture -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC tincture -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
Same named-exclusion + Class 1 misdemeanor bar (SDCL 38-35-1(7)(d); 34-20B new section). HHC is produced by hydrogenation (a chemical reaction that changes molecular structure with a catalyst), so it is a 'chemically derived cannabinoid' outside the decarboxylation carve-out.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Topical

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as topical. HHC topical -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC topical -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
Unlike native delta-9 (which HB 1125 carves out for topical creams), HHC is itself a named chemically derived cannabinoid; a topical whose active is HHC is still a product containing a chemically derived cannabinoid and is barred by the 34-20B offense. The topical-cream carve-out excepts decarboxylation/native cannabinoids, not hydrogenated HHC.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Vape / inhalable

Illegal

As of September 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in South Dakota as vape / inhalable. HHC vape -- federally Schedule I (DEA drug code 7220). Controlling source: 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B.

Verified September 22, 2026 (llm review) · confidence: confirmed
Federal
HHC vape -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effective
2024-07-01
Effectively prohibitive
Doubly prohibited: (1) HHC is a named 'chemically derived cannabinoid' excluded from lawful hemp products (SDCL 38-35-1(7)(d)) and a Class 1 misdemeanor to sell (34-20B new section, 2024 HB 1125); and (2) SDCL 38-35-21 separately bans the sale or use of industrial hemp for smoking or inhaling (Class 1 misdemeanor), which independently reaches any inhalable/vape format.

Controlling language, verbatim

This term does not include a product containing chemically derived cannabinoids, including: (a) Delta-8 tetrahydrocannabinol...; (d) Hexahydrocannabinol, also known as HHC; or (e) Tetrahydrocannabiphoral, also known as THCP. ... No person or entity may: ... (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids... A violation of this section is a Class 1 misdemeanor.

Source of excerpt

Citations

  1. 2024 House Bill 1125 (Enrolled Act) -- Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp; amends SDCL 34-20B-1 and 38-35-1 and adds a new section to SDCL Ch. 34-20B (South Dakota Legislature (official enrolled act, SD Legislative Research Council document repository), 2024-03-26) PRIMARYOFFICIAL
  2. SDCL 38-35-21 -- Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
  3. SDCL 38-35-1(7) and 34-20B-1(3) and 34-20B (new section) (2024 HB 1125) PRIMARYOFFICIAL
  4. South Dakota HB 1125 (2024) — chemically derived cannabinoids (South Dakota Legislative Research Council) PRIMARYOFFICIAL

Change history

  • Effective date changed from none to 2024-07-01.

Status by product form in South Dakota

FormStatusHeadlineVerified
Capsule / tablet IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Beverage IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Edible / ingestible IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Flower / raw plant IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Other IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Powder / bulk IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Raw material / RUO IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Tincture / sublingual IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Topical IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22
Vape / inhalable IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-09-22

Where HHC (Hexahydrocannabinol) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among South Dakota's 6 neighbors, Iowa, Minnesota, Montana, Nebraska, North Dakota and Wyoming are illegal, the same posture as South Dakota.

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

Federal posture

Federally scheduled or prohibited. HHC capsule -- federally Schedule I (DEA drug code 7220) Federal detail

Verbatim law on file for South Dakota

4 instruments on file for this compound's framework in South Dakota; 40 of 40 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
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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
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The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor.

Related

HHC (Hexahydrocannabinol) in neighboring states

HHC (Hexahydrocannabinol) in other states

Same framework in South Dakota

Other compounds in South Dakota

Cite this page

Compound Analytics. "Is HHC (Hexahydrocannabinol) Legal in South Dakota? (2026)." Compound Laws, https://compoundlaws.com/compounds/hhc/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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