South Dakota Hemp & Hemp‑Derived Cannabinoid Laws

This guide provides educational, state‑specific information on South Dakota hemp and hemp‑derived cannabinoid laws. It is for educational purposes only and not legal advice.

South Dakota hemp laws: quick overview

South Dakota’s industrial hemp program was established by House Bill 1008 (2020), codified at S.D. Codified Laws Chapter 38‑35, defining hemp as Cannabis sativa L. with total Δ9‑THC ≤ 0.3% on a dry weight basis and requiring licensing for cultivation and processing, effective July 1, 2020 ([hempdata.io](https://hempdata.io/states/south-dakota?utm_source=openai)). In 2026, Senate Bill 39 amended § 38‑35‑1 to clarify that “industrial hemp product” must contain ≤ 0.3% total Δ9‑THC and explicitly excludes chemically derived cannabinoids such as Δ8‑THC, Δ10‑THC, HHC, THC‑O, and THCP ([sdlegislature.gov](https://sdlegislature.gov/Session/Bill/26684/306612?utm_source=openai)). Additionally, South Dakota law prohibits the sale or distribution of chemically modified cannabinoids under S.L. 2024, ch 129, § 2 (codified at § 34‑20B‑118), making such activity a Class 2 misdemeanor ([sdlegislature.gov](https://sdlegislature.gov/Statutes/34-20B?utm_source=openai)). Smokable or inhalable hemp products are also prohibited under § 38‑35‑21 of the Codified Laws ([southdakotastatecannabis.org](https://southdakotastatecannabis.org/hemp?utm_source=openai)).

Shipping guidance

Inbound shipments of hemp products containing ≤ 0.3% total Δ9‑THC are allowed, provided they comply with licensing and testing requirements. Age verification is required for products containing intoxicating cannabinoids (e.g., Δ8, HHC) — sale to under‑21 is prohibited under § 34‑20B‑117. Retailer license required for sale of hemp products.

Testing & COA guidance

South Dakota requires licensed hemp producers/processors to submit samples for testing; products exceeding 0.3% total Δ9‑THC must be destroyed or remediated (S.D. Codified Laws §§ 38‑35‑14). Rules for sampling, testing, recordkeeping, and disposal are administered by the Department of Agriculture & Natural Resources under ARSD 12:73 ([hempdata.io](https://hempdata.io/states/south-dakota?utm_source=openai)). ISO/IEC 17025 accreditation not explicitly stated in statute; COA retention requirements not specified in available sources.

What to buy

Hemp‑derived products with total Δ9‑THC ≤ 0.3% dry weight, including topicals, edibles, tinctures, oils, beverages, and non‑smokable flower, under the licensed hemp program.

What to avoid

Chemically derived cannabinoids such as Δ8‑THC, Δ10‑THC, HHC, THC‑O, THCP are excluded from industrial hemp products and their sale or distribution is prohibited. Smokable or inhalable hemp products are banned.

How to shop compliant, tested hemp

• Hemp defined as ≤0.3% total Δ9‑THC dry weight (S.B. 39, 2026 amendment)
• Chemically derived cannabinoids (Δ8, Δ10, HHC, THC‑O, THCP) excluded from industrial hemp products (S.B. 39, 2026)
• Sale or distribution of chemically derived cannabinoids prohibited (S.L. 2024, ch 129)
• Smokable or inhalable hemp products prohibited (S.D. Codified Laws § 38‑35‑21)
• Hemp cultivation and processing require license from SD Dept. of Agriculture & Natural Resources (HB 1008, 2020)

Educational content only — not legal or medical advice.

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