Cart 0 $0.00
Cart 0 $0.00
News And Legislation

Is Delta-8 THC Legal in South Dakota? Delta-8 Legality 2023

Hey, cannabis enthusiast, wanna know the latest update on Delta-8 legality in South Dakota? Here is all the information you should know. Let’s dive into whether or not delta-8 THC is legal in South Dakota. 


Delta 8, an isomer of THC, has similar psychoactive effects to the more common delta-9 version of THC. Delta-8 THC is legal federally as long as it comes from hemp, but delta-9 THC is federally illegal. While trace amounts of delta-8 may be naturally in cannabis plants, the commercially available products on store shelves are usually made with delta-8 produced in a lab setting from hemp-derived CBD.

Shop Delta-8 THC Vape Carts here

Is Delta 8 Legal In South Dakota?

Yes, delta-8 THC is legal in South Dakota!

With the vision to set a safe market environment, Rep. Taylor Rehfeldt sponsored House Bill-1292 in March 2023. He said that rather than stopping all kinds of business related to the previous unregulated substances, making responsible regulation is a far better step. 


Whereas one idea was to prohibit all THC substances altogether, this bill regulates the sale and usage of hemp-generated THC. In addition, THCO acetate, HHC (tetrahydrocannabinol), and Delta-8 THC, are also regulated with this law.

Though this bill made Delta-8 legal in South Dakota, at the same time, it limits the trading of this substance among adults over the age of 21. The bill’s age and sales restriction are also subject to both THCO acetate and HHC. 


Purchasing Delta-8 In South Dakota


Only legal-age adults (over 21 years old) can legally use, acquire, or buy delta-8 goods. When underage buyers come into play, attempting to sell delta-8 items carries a Class-2 violation penalty of a maximum of 30 days imprisonment and a fee of $500.


Following the age limit, you can buy hemp-generated products either from physical retail shops or online in South Dakota. However, it’s wise to purchase from online trusted vendors of Delta-8. 


Traveling With Delta-8 In South Dakota


You now know how delta-8 is legal in South Dakota as a hemp substance. However, there are surrounding areas where delta-8 may not be legal. If you’re going to travel with delta-8, do your research. Make sure the area you’re traveling to also allows delta-8, and keep products in labeled containers to avoid confusion. 

Also, make sure the delta-8 you’re using is made from hemp. This is the only kind of delta-8 that is legal in South Dakota, not delta-8 from marijuana.

Final Thoughts


The sale of vape pens, consumables, tinctures, caps, and extracts containing delta-8 THC is legal in South Dakota. Till now, there is no possibility of the upcoming change in the legitimacy of the Delta-8 law in South Dakota. You can enjoy Delta-8 here if your age is over 21.

Got questions? Let us know in the comments below!

Want to learn more about delta-8? Check out this blog comparing delta-8 with other cannabinoids .

Shop legal, hemp-derived delta-8 gummies!


Related Blogs

raphael mechoulam, in memoriam, cannabis, cannabis research
CBD Education

Breaking Canna-News: Raphael Mechoulam In Memoriam

delta-8 thc legal west virginia, west virginia, delta-8 thc, delta 8, west virginia
News And Legislation

Is Delta-8 THC Legal in West Virginia? Delta 8 Legality 2023

is delta-8 thc legal in wisconsin, wisconsin, delta 8 thc legal, delta 8, delta 8 thc
News And Legislation

Is Delta-8 THC Legal in Wisconsin? Delta 8 Legality by State 2023

18+ Content on this page is only for people over 18 years old.
My cart
Your cart is empty.

Looks like you haven't made a choice yet.