Is Delta-8 Legal in South Dakota?

LEGAL

Last verified: January 1, 2025

South Dakota permits hemp-derived Delta-8 THC under the South Dakota Industrial Hemp Program established in 2020. Products must not exceed 0.3% Delta-9 THC and must comply with state labeling requirements. South Dakota has not enacted a specific prohibition on Delta-8, and hemp-derived products are available at retailers across the state for consumers 21 and older.

South Dakota permits hemp-derived Delta-8 THC under the South Dakota Industrial Hemp Program established in 2020. Products must not exceed 0.3% Delta-9 THC and must comply with state labeling requirements. South Dakota has not enacted a specific prohibition on Delta-8, and hemp-derived products are available at retailers across the state for consumers 21 and older.

Age restriction: 21+ to purchase in South Dakota.

Update History

No regulatory updates recorded yet. Status reflects current database.

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