Delta 8 hit the scene in South Dakota a few years ago and quickly became a go-to for many looking for wellness support. If you’ve visited a gas station, smoke shop, or CBD store lately, you’ve probably seen products labeled “Delta 8.” That might’ve sparked some questions—what exactly is Delta 8? How does it differ from marijuana? And most importantly, is Delta 8 legal in South Dakota? Well, residents of the Mount Rushmore State might be surprised to learn that Delta 8 has stirred up quite a bit of controversy in recent years—prompting legal crackdowns across the country, including in South Dakota. But why all the fuss?
Delta 8 is a cannabinoid found in hemp plants. It’s very similar to Delta 9, which is the main compound in marijuana that makes people feel euphoric. However, Delta 8 has a slightly different molecular structure, which makes its effects slightly milder. It’s known for giving a calm, relaxed feeling without being too intense. That might sound great, and it’s a big reason behind its popularity with South Dakotans—but is Delta 8 allowed under South Dakota law? That’s where things get tricky. In this blog, we’ll break down everything you need to know: what Delta 8 is, what federal and South Dakota laws say, and what it means for you.
What Is Delta 8?
Delta 8 (Delta 8 Tetrahydrocannabinol, Delta 8 THC, D8 THC, or D8) is a naturally occurring and extremely rare cannabinoid found in cannabis plants. It’s mildly euphoric and present in very low concentrations in the hemp plant (Cannabis sativa)—less than 1% of a hemp plant contains Delta 8 THC.
To make enough Delta 8 to keep up with demand, manufacturers use a chemical process to turn CBD—a non-psychoactive and widely available compound from hemp—into Delta 8. Though it’s not as strong as Delta 9 (Delta 9 Tetrahydrocannabinol, Delta 9 THC, D9 THC, D9, or THC), it still provides consumers with mild effects like relaxation and a calming euphoria. Since it’s made from legalized hemp, some people believe it’s fully legal, but the federal government and state laws don’t always agree, and the rules are still changing. And that brings us to legality.
So, is Delta 8 THC legal in South Dakota? We reveal the shocking answer below.
Is Delta 8 legal in South Dakota?
Unfortunately, all Delta 8 THC products are illegal in the state of South Dakota. Signed by Governor Kristi Noem, House Bill 1125 (HB 1125) took effect on July 1, 2025, and made it illegal to make, sell, or have certain hemp-based cannabinoids in South Dakota. HB 1125 not only bans Delta 8 THC, but it also bans Delta 10 THC, THC-O acetate (Tetrahydrocannabinol Acetate, THC-O), HHC (Hexahydrocannabinol), and THCp (Tetrahydrocannabiphorol), all of which are made via semi-synthetic means using lab-made chemical processes.
The law focuses on cannabinoids that aren’t found naturally in high amounts and are instead made by changing the chemical structure of similar hemp-derived compounds. That means products like Delta 8, which are usually made this way, are now banned under current South Dakota law.
If someone is caught breaking this law, it’s treated as a Class 1 misdemeanor. That could mean up to one year in jail and a fine of up to $2,000.
However, not all hemp products are affected. Cannabinoids that are non-intoxicating, or those made without using chemical additives—like when THCa turns into THC from heat—are not clearly banned. However, some products, such as THCa flower, remain in a legal gray area. The rules surrounding them aren’t entirely clear yet and may require further explanation from the state. But when it comes to Delta 8, the law is clear: it’s banned in South Dakota.
Delta 8 Was Legal In South Dakota. What Changed?
Prior to the current legislation, Delta 8 was in a bit of a gray area. South Dakota used to follow the 2018 Federal Farm Bill (Agriculture Improvement Act of 2018), which legalized hemp-derived products like Delta 8, at the federal level so long as they contained 0.3% or less Delta 9 THC on a dry weight basis. That sounds like good news, right?
But here’s the catch: while Delta 8 may be made from hemp, it’s usually produced through a chemical conversion process, and lawmakers argued that makes it a chemically derived cannabinoid, which might be prohibited.
Attorney General Marty Jackley and other law enforcement officials in South Dakota warned that products like Delta 8 could still be treated like controlled substances, depending on how they’re made. While many retailers and convenience stores sell Delta 8 legally, the state’s current ban makes it clear that Delta 8 is illegal in the state of South Dakota.
Delta-8 THC Laws in the U.S. Explained
The 2018 Farm Bill brought about significant changes. It legalized industrial hemp and hemp derivatives, including CBD and Delta 8, as long as they did not contain more than 0.3% Delta 9 THC. That meant federal law gave the green light to some hemp products.
But states can still make their own rules, and many have. That’s why Delta 8 is legal in several states while banned in others. The FDA and Drug Enforcement Administration (DEA) have also spoken up. They’re concerned about how Delta 8 is made, as it’s often created through chemical reactions instead of being extracted naturally from the cannabis plant, which is cost-prohibitive due to the scarcity of Delta 8. There are also worries about safety, age limits, and a lack of product testing.
Although Delta 8 may be permitted under federal laws, the federal government and states like South Dakota may still take action against it. That makes things complicated for consumers and retailers.
South Dakota’s Rules for Cannabis and Delta 8
To understand where Delta 8 stands, it helps to look at how South Dakota has handled cannabis laws in general—starting with medical marijuana.
Medical Marijuana Legalization in South Dakota
South Dakota made headlines in 2020 by voting to legalize medical marijuana. This means people with certain medical conditions can get a card to buy and use cannabis legally. But even though voters also approved recreational marijuana in 2020, the South Dakota Supreme Court later struck it down due to a technical issue. So today, recreational marijuana is still illegal in South Dakota, but the state does have a medical program.
Partial Decriminalization of Marijuana
Some parts of South Dakota, like Sioux Falls, have started to decriminalize small amounts of marijuana. That means if you’re caught with a small amount, you might receive a fine instead of going to jail. This is part of a bigger movement across the country to change criminal justice policies tied to marijuana. But Delta 8 isn’t quite the same as marijuana. Since it’s made from hemp, not high-THC marijuana, it often falls into a different category, but the lines can blur. However, the explicit wording of HB 1125 leaves little room for doubt about hemp-derived Delta 8 THC legality in the Mount Rushmore State.
The 2018 Farm Bill & Delta 8 THC’s Legal Status
Thanks to the Farm Bill, hemp-derived cannabinoids like Delta 8 seem to be legal, at least federally. However, the federal Farm Bill doesn’t mention Delta 8 by name, which can lead to confusion. With the passing of HB 1125, South Dakota lawmakers said that chemically derived cannabinoids, like Delta 8, should be banned, especially if they aren’t extracted naturally in their original state.
The Sale and Availability of Delta 8 Products in South Dakota
Delta 8 products are no longer sold in South Dakota. Prior to the passage of HB 1125, D8 products were available in convenience stores, smoke shops, and online. Stores have now removed them due to the new law.
Delta-8 vs. Delta-9
Both Delta 8 THC and Delta 9 THC come from the cannabis plant, but they have some key differences. Delta 9 THC is the primary cannabinoid in marijuana and gives an intense, sometimes overwhelming euphoria. It’s a controlled substance under federal law—unless it’s hemp-derived and in a product with less than 0.3% Delta 9 THC.
Delta 8, on the other hand, is made from hemp and offers a milder euphoria. Many consumers report that it helps with relaxation, mood, and even light soreness relief without making them feel out of control.
The molecular structure of both cannabinoids is very similar but just different enough that Delta 8 is considered a weaker version of Delta 9—Delta 8 has a double bond on the eighth carbon chain. In contrast, Delta 9 has a double bond on the ninth carbon chain. Despite their differences, both cannabinoids could land you in legal trouble, depending on where you live, including in South Dakota.
FAQs About Delta 8 THC Legality in South Dakota
How Long Does Delta-8 Stay in the Body?
Delta-8 can stay in your system for anywhere from 3 to 30 days, depending on how often you use it and the form factor (i.e., gummies, oils, vapes, flower, etc.). If you’re a first-time consumer, it might be gone in a few days. But regular connoisseurs could test positive for weeks.
Does Delta-8 Show Up on a Drug Test in South Dakota?
Yes, unfortunately, Delta-8 can show up on a drug test. Most drug tests detect the presence of Delta-9. However, drug tests can’t tell the difference between Delta-8 THC and Delta-9 THC since they have a similar chemical structure. So, even if you’re only using hemp-derived Delta-8, you could still fail a drug test.
What Happens if You Get Pulled Over with Delta-8 in South Dakota?
It depends. Because the laws are unclear, an officer might treat it like marijuana. You could be questioned or asked to prove that it’s from hemp and legal. Always keep the original packaging and lab verification if you’re carrying Delta 8.
What Is Delta 8 THC Commonly Used For?
People use Delta 8 for relaxation, improved sleep, or relief from mild physical discomfort. It’s also popular for reducing everyday stress without the heavy buzz from Delta 9 THC. It comes in many forms, like gummies, vape pens, and oils.
Can I Travel With Delta 8 THC To Other States From South Dakota?
Be cautious; traveling with Delta-8 can be risky. Some other states have banned Delta 8. Always check the local laws of your destination, and never bring Delta 8 into federal buildings or on airplanes.
Final Thoughts – Is Delta 8 Legal In South Dakota? [Here’s What HB 1125 Just Outlawed]
So, is Delta 8 THC legal in South Dakota? Unfortunately, Delta 8 is illegal in South Dakota. South Dakota banned Delta 8 under HB 1125, along with several other semi-synthetic cannabinoids like Delta 10, THC-O, HHC, and THCp.
The law leaves little room for interpretation—possession, sale, or production of these compounds is strictly prohibited and carries severe penalties. While some hemp-derived products like THCa flower remain in a legal gray area, Delta 8 is not one of them. If you’re in South Dakota, it’s best to steer clear of any semi-synthetic cannabinoids and wait for clearer guidance on what’s legally allowed.
Editor’s Note: The information provided on this site is intended solely for general knowledge and should not be interpreted as legal advice or a comprehensive review of current laws. We do not guarantee the accuracy or dependability of the legal details shared here, nor is it designed to influence decisions regarding our products. Laws differ across states and are subject to frequent updates, which means the content may not always reflect the most current legal standards. To ensure compliance, we encourage consulting a qualified attorney in your area or the location where you plan to ship products.
