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Is Delta-8 THC legal in SD?

CBD and Delta-8 THC have a good legal status in South Dakota. South Dakota allows hemp derived products in the state, according to the federal Farm Bill and state laws. Keep reading for more info about Delta-8 THC and the Mount Rushmore State.

What is Delta-8 THC?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which means it is one of the many substances that comes from the cannabis plant, or hemp plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system (ECS). 

​​Scientists are still actively studying the ECS, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1]. 

Delta-8 is a very popular THC product used for therapeutic and personal enjoyment. It is similar to Delta-9 THC which will be discussed later. Most states including South Dakota are onboard with legal hemp products like Delta-8.

How does Delta-8 THC differ from Delta-9 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC are all naturally occurring cannabinoids, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified natural compounds from the industrial hemp plant, and it is the main chemical found to be a psychoactive substance in cannabis. 

The molecules that make these three types of THC are very similar in form, but a small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference.

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Will Delta-8 THC put you in an altered state?

Products with THC, even at low dosages, do have the potential to produce psychoactive effects. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

How do you use Delta-8 THC?

Delta-8 THC can be found in more and more products for consumers every day. It is commonly available in gummies, oils, vapes, cannabis flower, concentrates, lozenges, tarts and more. Since Delta-8 THC can be beneficial for the entire human body, people use it differently depending on the form it comes in.

It’s usually best to let Delta-8 Gummies dissolve fully in your mouth.

For Delta-8 Oil, aficionados recommend holding the oil under your tongue for 45 seconds.

Delta-8 Vapor is available in cartridges to use with your favorite battery pack, or as all-in-0ne portable vaporizers.

Delta-8 Flower can be smoked in your favorite pipe, glass piece, or rolling papers. We sell Delta-8 Pre-Rolls!

Delta-8 Concentrates can be used with dabbing devices.

Delta-8 Lozenges and Tarts might be the most convenient way to maintain dosage, and they should be chewed or dissolved in the mouth for best effect.

South Dakota Delta-8 THC laws

In South Dakota hemp-derived Delta-8 THC products are legal according to state law and federal law. Even local legal practitioners in Sioux Falls, South Dakota say Delta-8 is not considered against the law [3]. 

In 2020, House Bill 1008 adopted the federal definition of hemp, and permits hemp with less than .3% Delta-9 THC in the state. The term includes hemp-derived products too, so none of these are considered controlled substances.

Is marijuana legal in South Dakota?

No, marijuana is not legal in South Dakota, and South Dakota laws are known to be some of the harshest in how it treats marijuana as a controlled substance. Access to federally legal alternative products is a real advantage in non-green states. 

Will marijuana be legalized in South Dakota?

There have been attempts at legalization of medical marijuana and recreational marijuana in South Dakota. Laws were proposed several times. One South Dakota state bill was even passed, but was later repealed on a technicality. South Dakota missed its chance to be the first state to go directly from prohibition to legalization [3].

Delta 8 in South Dakota: mountain landscape

Is Delta-8 legal in all 50 states?

For many years in the U.S., cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the plant. In the 2010s, the United States Congress enacted two groundbreaking pieces of legislation, called “Agricultural Acts” and commonly known as the Farm Bills. 

The 2014 Farm Bill removed industrial hemp from the list of Schedule 1 substances and was the seed of hemp’s resurgence. The Bill made it federally legal and allowed long-forbidden research into hemp-derived cannabinoids to begin in earnest. The 2018 Farm Bill expanded on this, making it clear to legal experts that all other plant materials and substances derived from legally-defined hemp are also federally-compliant [4]. 

The legislation defines cannabis plants with less than .3% of Delta-9 THC per dry weight as hemp and allows such plant material in all 50 states. Cannabis plants with more than .3% Delta-9 THC per dry weight are defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. 

The Farm Bill says The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these also adopted the same definition of hemp, legalizing it and hemp-derived products and derivatives. That’s the case in South Dakota too. Following the Farm Bill’s changes, South Dakota created its own Industrial Hemp Plan. This is part of what makes Delta-8 THC legal in South Dakota.

Where can I buy Delta-8 in South Carolina?

In South Carolina, Delta-8 is commonly available for purchase in shops and stores.

A better alternative for most people is the easy convenience of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide. 

Traveling with Delta-8?

State laws can be very, very different. To learn about South Dakota’s neighboring states, read Is Delta-8 Legal in North Dakota?, and Is Delta-8 Legal in Iowa? For other states, check out Is Delta-8 Legal in Your State?

Final thoughts on Delta-8 in South Dakota

South Dakota residents love hemp derived CBD and Delta-8 THC products. Check out Earthy Select’s premium goods and order online! All our products are ready to ship nationwide.

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.


  1. Wikipedia: Endocannabinoid System
  2. Delta-8 and Delta-9: Oral and Intravenous Comparison
  3. Delta-8 THC: What is it and is it Legal in South Dakota?
  4. Wikipedia: Cannabis in South Dakota
  5. HIA Position Statement on Delta-8 and Hemp Cannabinoids

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Frequently Asked Questions

The Farm Bills made hemp legal under federal law for the entire country, but of course states can make their own rules about hemp products. South Dakota state law allows hemp products and extracts, aligning with the Farm Bills’ definitions and rules regarding industrial hemp and the same laws cover Delta-8 THC. Note, there may be an age restriction on purchasing it.

There is no exact answer since everyone is different. A compound like Delta-8 THC can have effects that typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if it’s only used once or twice. If used routinely or in high doses, it may take 2-5 weeks to be completely cleared from the human body and its systems.

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel high after using Delta-8 THC products. Please use them responsibly.