Is Delta-8 Legal in South Dakota? What State Law Says in 2026

Delta-8 in South Dakota at a glance

Status	Banned
Age limit	Not applicable (banned)
Sale	Selling hemp products containing chemically derived cannabinoids such as delta-8 is a Class 2 misdemeanour.
Possession	The ban targets making and selling; buyers under 21 commit a Class 2 misdemeanour by purchasing or possessing delta-8 products.
Product rules	Industrial hemp products must have no more than 0.3% total delta-9 THC and may not contain delta-8, delta-10, THC-O, HHC or THCP.
Licensing	No licence permits delta-8 sales; SB 39 limits hemp growing to USDA or tribal licensees from 1 January 2027.
Key law	SDCL 34-20B-118 (HB 1125, SL 2024, ch 129); SDCL 38-35-1; SDCL 34-20B-117 (as amended by SB 45, SL 2026, ch 151)
Last major change	1 July 2024

What South Dakota law says about delta-8 THC

South Dakota passed HB 1125 in 2024. It was signed on 26 March 2024 and took effect on 1 July 2024³. The law added SDCL 34-20B-118, which makes it a Class 2 misdemeanour to chemically modify or convert hemp, or to convert CBD, into delta-8, delta-9, delta-10 or any other THC isomer, analogue or derivative, or to sell hemp products containing “chemically derived cannabinoids”¹. The same law excluded delta-8, delta-10, THC-O, HHC and THCP from the definition of an industrial hemp product in SDCL 38-35-1².

Almost all delta-8 on the market is made by converting CBD, so these products cannot lawfully be sold in South Dakota. A separate provision, SDCL 34-20B-117, bars selling any consumable containing delta-8 to people under 21 and makes underage purchase or possession an offence⁴.

SB 39, signed on 30 March 2026 and effective from 1 January 2027, rewrites the hemp chapter, repeals the state hemp licensing sections and keeps the exclusion of delta-8 and the other converted cannabinoids⁵. South Dakota has a medical cannabis programme for registered patients, but it creates no route for converted hemp-derived delta-8, and recreational cannabis is not legal.

Pending changes to watch

SB 39 (2026) takes effect on 1 January 2027, keeping the delta-8 exclusion while ending state hemp licensing in favour of USDA or tribal licences.

How the federal hemp change affects South Dakota

Separate from South Dakota law, the federal definition of hemp is changing. Under the federal hemp redefinition passed in the FY2026 appropriations law, from 11 December 2026 hemp is measured by total THC, finished products are capped at 0.4 mg of total THC per container, and cannabinoids synthesised or manufactured outside the plant are excluded. Most delta-8 on the market is made by converting CBD, so most delta-8 products will fall outside the federal hemp definition from that date, whatever state law says.

A separate provision covering cannabinoids that the plant cannot produce naturally applies from 12 November 2026. Bills to delay or repeal the change are in congressional committees, but none had advanced as of September 2026. Our explainer on the federal hemp THC limit covers the detail.

Timeline of recent changes

• 30 March 2026: SB 39 signed, keeping the delta-8 exclusion in a rewritten hemp chapter effective 1 January 2027.
• 1 July 2024: HB 1125 took effect, banning conversion of hemp into delta-8 and sale of chemically derived cannabinoids.
• 26 March 2024: The Governor signed HB 1125.

Delta-8 in neighbouring states

Rules change at the state line. Here is how delta-8 THC is treated in the states bordering South Dakota, as of September 2026:

• North Dakota: Banned
• Minnesota: Cannabis retailers only, 21+
• Iowa: Banned (synthetic cannabinoid)
• Nebraska: Contested; AG treats as unlawful
• Wyoming: Banned since 1 July 2024
• Montana: Banned as a synthetic cannabinoid

Carrying products across state lines can break the law of the state you enter, and federal law also applies. Check the destination state’s rules first.

THCA in South Dakota

THCA is treated differently: in South Dakota it is High-THCA flower illegal as of September 2026. Read our guide to THCA law in South Dakota, or compare the two compounds in THCA vs Delta-8.

Frequently asked questions

When did South Dakota ban delta-8?

HB 1125 was signed on 26 March 2024 and took effect on 1 July 2024. It prohibits converting hemp or CBD into delta-8 or other THC isomers and selling hemp products that contain chemically derived cannabinoids. Violations are Class 2 misdemeanours, and the law remains in force in 2026.

Is it illegal to possess delta-8 in South Dakota?

The 2024 ban is aimed at making and selling converted cannabinoids rather than adult possession. However, anyone under 21 who buys, possesses or consumes a delta-8 product commits a Class 2 misdemeanour, and law enforcement may test products that are sold as hemp.

Can medical cannabis patients get delta-8 in South Dakota?

South Dakota’s medical cannabis programme lets registered patients buy cannabis from licensed dispensaries, but it creates no exception for converted hemp-derived delta-8. Recreational cannabis is not legal in South Dakota, after voters rejected legalisation measures in 2022 and 2024.

Sources

1. South Dakota Legislature. SDCL 34-20B-118, Industrial hemp: chemical modification or conversion, sale or distribution, penalty (SL 2024, ch 129). sdlegislature.gov
2. South Dakota Legislature. SDCL 38-35-1, Definitions (hemp, industrial hemp product, total delta-9 THC). sdlegislature.gov
3. South Dakota Legislature. HB 1125 (2024), prohibit the chemical modification or conversion of industrial hemp (signed 26 March 2024). sdlegislature.gov
4. South Dakota Legislature. SDCL 34-20B-117, delta-8 THC, THCA, THC-O acetate and HHC: underage, penalty (SL 2022, ch 111; SL 2026, ch 151). sdlegislature.gov
5. South Dakota Legislature. SB 39 (2026), revise provisions relating to industrial hemp (signed 30 March 2026, effective 1 January 2027). sdlegislature.gov

Editorial note: This page is general legal information, not legal advice, and reflects our reading of South Dakota and federal law as of 24 September 2026. Hemp and cannabis laws change quickly and are enforced differently by different agencies and localities. If you sell, ship or carry these products, check the current rules with the relevant state agency or a licensed attorney.

See the full state-by-state Delta-8 table →