
Is Delta-8 Legal in South Dakota
No, Delta-8 products are illegal in South Dakota


No, Delta-8 THC is not legal in South Dakota. The state has enacted specific laws that explicitly prohibit Delta-8 THC and other types of tetrahydrocannabinol, categorizing them as controlled substances. This legal classification means that Delta-8 THC products cannot be legally bought, sold, or possessed in South Dakota under current state law.
Delta-8 THC is a naturally occurring cannabinoid found in small amounts in the hemp plant. It is chemically similar to Delta-9 THC, the primary psychoactive component of cannabis, but is reported to produce milder psychoactive effects. Because of its potential therapeutic benefits, Delta-8 THC has been used by many for a variety of medical conditions. Users claim that Delta-8 THC is an effective pain reliever that can help reduce inflammation and pain. It has been demonstrated to be useful in lowering nausea and vomiting. Additionally, it has been reported that Delta-8 THC increases appetite.
Before purchasing Delta-8 in South Dakota, always check the lab test results for each product to ensure accurate labeling and safety.
If you want to learn more about Delta-8 in general, check out our Delta-8 Resource Center.
Since Delta-8 THC is illegal in South Dakota, it cannot be legally purchased in the state, regardless of age.
No, it is not legal to smoke Delta-8 flower in South Dakota. Governor Kristi Noem signed a law aimed at eliminating all products containing synthetic compounds like delta-8 THC from the market in mid-2024.
Delta-8 products do not undergo third-party testing in South Dakota because Delta-8 THC is illegal in the state. Classified as a controlled substance, there are no legal provisions for testing or selling Delta-8 products in compliance with state regulations.