Delta 8 is Legal in South Dakota

Cannabis plants produce over a hundred different cannabinoids, the most popular of which are psychoactive THC and non-psychoactive CBD.

Delta 8 THC is a lesser-known cannabinoid. It’s naturally produced when THC (also known as delta 9 THC) degrades or decays over time or when it gets exposed to air, light, and heat.

Because delta 8 THC is a compound that directly comes from THC, it also has psychoactive properties, although they’re milder and smoother than conventional THC.

Now, delta 8 THC is legal in South Dakota, provided it’s sourced from industrial hemp and contains no more than 0.3% THC.

The 2018 Farm Bill and the South Dakota state bill HB 1191 clarify the legal status of industrial hemp and its derivatives [1]. This includes all parts of the plant, such as the flowers, leaves, stems, stalks, derivatives, extracts, cannabinoids, acids, isomers, salts, etc.

The only limit is the amount of delta 9 THC in the final product — which must remain below 0.3% on a dry weight basis.

Therefore, delta 8 & 10 THC is legal in South Dakota as long as it’s made entirely from hemp (not marijuana), and the final product contains no more than 0.3% delta 9 THC.