South Dakota Hemp & Hemp‑Derived Cannabinoid Laws

This guide provides an educational overview of South Dakota’s hemp and hemp‑derived cannabinoid laws as of May 3, 2026. It is for informational purposes only and does not constitute legal advice.

South Dakota hemp laws: quick overview

South Dakota legalized industrial hemp and hemp‑derived products via House Bill 1008 in 2020, codified at SDCL Chapter 38‑35, defining hemp as cannabis with Δ9‑THC ≤ 0.3 % dry weight and authorizing hemp cultivation, processing, and sale under that threshold (HB 1008, effective 2020) ([southdakotastatecannabis.org](https://southdakotastatecannabis.org/hemp?utm_source=openai)). The law prohibits smokable or inhalable hemp products under SDCL 38‑35‑21 ([southdakotastatecannabis.org](https://southdakotastatecannabis.org/hemp?utm_source=openai)). Cultivators must be licensed by the Department of Agriculture and Natural Resources (DANR), must meet minimum acreage/plant counts (≥ 0.5 acre or ≥ 300 outdoor/50 greenhouse plants), and must submit planting and harvest reports; transporters must carry license and lab compliance documentation per SDCL 38‑35‑2, 3, 17 ([southdakotastatecannabis.org](https://southdakotastatecannabis.org/hemp?utm_source=openai)). The Attorney General clarified that hemp‑derived Δ9‑THC under 0.3 % is excluded from the definition of marijuana (SDCL 22‑42‑1(7)), but that manufacturing, distributing, or selling products with Δ9‑THC > 0.3 % remains illegal except under the medical cannabis program (SDCL 34‑20B‑14) ([atg.sd.gov](https://atg.sd.gov/OurOffice/OfficialOpinions/opinionhtml.aspx?id=1770&utm_source=openai)). The legislature also criminalized chemically derived cannabinoids—Δ8, Δ10, THC‑O, HHC, THCP—by excluding them from authorized hemp products (SDCL 38‑35‑1(7)(a)‑(e)) and banning their conversion from CBD (SDCL 34‑20B‑118) ([atg.sd.gov](https://atg.sd.gov/OurOffice/OfficialOpinions/opinionhtml.aspx?id=1770&utm_source=openai)). In March 2026, Governor signed SB 39, revising hemp rules and explicitly banning those cannabinoids and tightening transport documentation; effective January 1, 2027 ([themarijuanaherald.com](https://themarijuanaherald.com/2026/03/south-dakota-governor-signs-bill-restricting-hemp-derived-thc-products-revising-state-hemp-rules/?utm_source=openai)).

Shipping guidance

Inbound shipments of hemp products are allowed only if accompanied by a valid SD hemp license, lab report confirming Δ9‑THC ≤ 0.3 %, and a bill of lading or manifest per SDCL 38‑35‑17. Licensed producers must also maintain manifest and license documentation during transport. Age verification is required for chemically derived cannabinoids (sale to under‑21 prohibited under SDCL 34‑20B‑117), though these products are banned. Retailer registration/licensing is required for cultivation and processing; no separate retailer license noted.

Testing & COA guidance

South Dakota requires lab testing for hemp products to confirm Δ9‑THC ≤ 0.3 % per SDCL 38‑35 and transport rules. Specific testing panels or ISO 17025 accreditation are not detailed in statutes; primary requirement is lab report for compliance. Certificate of analysis must accompany shipments. COA retention requirements are not specified in statute.

What to buy

Allowed products include hemp‑derived topicals, edibles, oils, and non‑smokable forms containing Δ9‑THC ≤ 0.3 % by dry weight, produced by licensed hemp operators under SDCL 38‑35.

What to avoid

Avoid smokable or inhalable hemp products (flowers, vapes) per SDCL 38‑35‑21. Also avoid chemically derived cannabinoids—Δ8, Δ10, THC‑O, HHC, THCP—as they are excluded from legal hemp and banned under SDCL 38‑35‑1 and SDCL 34‑20B‑118.

How to shop compliant, tested hemp

• Hemp must contain ≤ 0.3 % Δ9‑THC by dry weight per SDCL Chapter 38‑35 (HB 1008, effective 2020)
• Smokable or inhalable hemp products are prohibited under SDCL 38‑35‑21
• Chemically derived cannabinoids (Δ8, Δ10, HHC, THC‑O, THCP) are excluded from legal hemp under SDCL 38‑35‑1 and banned under SDCL 34‑20B‑118
• Cultivation requires a license from the SD Department of Agriculture and Natural Resources (DANR) per SDCL 38‑35‑2/3
• Transporters must carry license, lab report, and manifest per SDCL 38‑35‑17
• New restrictions under SB 39 (2026) take effect January 1, 2027

Educational content only — not legal or medical advice.

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