Are THC Drinks Legal in South Dakota? (2026)
As of November 6, 2026, hemp-derived delta-9 THC drinks are legal to sell at retail with restrictions in South Dakota.
Verified November 6, 2026 · confidence: confirmedAre THC drinks legal? Every state
- Tier
- concentration cap
What the record says
South Dakota’s SDCL 38-35-21 (2020) prohibits the sale or use of industrial hemp for smoking or inhaling, and the 2024 HB 1125 amendment bans any chemically derived cannabinoid produced by a reaction that changes molecular structure; hemp products are defined on a total delta-9 THC basis at 0.3 percent. A beverage is not an inhalable form, so naturally extracted delta-9 THC within the 0.3 percent ceiling remains lawful in that form, while converted delta-9 THC does not. Retail sale of hemp-derived Delta-9 THC beverages in South Dakota is restricted to that ceiling and to non-chemically-derived cannabinoids.
Controlling language, verbatim
The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor.
Citations
- SDCL 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor (South Dakota Legislature, 2020-03-27) PRIMARYOFFICIAL
- 2024 House Bill 1125 (Enrolled) - Prohibit the chemical modification or conversion of industrial hemp; amending SDCL 34-20B-1 and 38-35-1, adding a new section to SDCL Ch. 34-20B (South Dakota Legislature (enrolled act text hosted via LegiScan legislative archive), 2024-03-26) PRIMARYOFFICIAL
- SDCL 38-35-1 - Definitions (“Hemp,” "Industrial hemp product," “Chemically derived cannabinoid,” “Total delta-9 THC”) (South Dakota Legislature, 2024-07-01) PRIMARYOFFICIAL
Federal
Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail
THC drinks across the country
Neighboring states
- THC drinks in Iowa Restricted
- THC drinks in Minnesota Restricted
- THC drinks in Montana Restricted
- THC drinks in Nebraska Gray area
- THC drinks in North Dakota Illegal
- THC drinks in Wyoming Gray area
Related
- Delta-9 THC in South Dakota: every form
- THC ban in South Dakota
- Every compound in South Dakota
- THC drink brands on file (5)
Cite this page
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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