As of September 23, 2026, THCa is legal to sell at retail with restrictions in South Dakota. Inhalable-flower form ban. Controlling source: SDCL 34-20B-118 - named ban on converting CBD/hemp into D8/D9/D10 or any THC isomer/analog/derivative.
Verified September 23, 2026 · confidence: under_reviewNo person or entity may: (1) Chemically modify or convert industrial hemp ... into delta-8 ... delta-9 ... 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 ... A violation of this section is a Class 2 misdemeanor. (SDCL 34-20B-118)
Among South Dakota's 6 neighbors, Iowa, Minnesota, Montana, North Dakota and Wyoming are illegal; Nebraska is restricted.
Open the interactive map · Every compound in South Dakota
Federal gray area. THCa - federally contested: hemp on the statute's delta-9-only text, marijuana on DEA's post-decarboxylation reading; resolved against THCa Federal detail
4 instruments on file for this compound's framework in South Dakota; 1 of 1 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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