Officials Clarify: Can You Buy Delta-8 or Delta-9 in South Dakota?
SIOUX FALLS, S.D. — As interest in hemp-based products continues to grow nationwide, South Dakota officials are reminding residents that delta-8 and delta-9 THC products remain illegal unless purchased through the state’s regulated medical marijuana program.
Smoke Shop Raids Highlight Enforcement
This week, Attorney General Marty Jackley announced charges against five smoke shop operators across the state accused of selling illegal items, including THC pre-rolls and mushroom products. Each was charged under South Dakota law for possession or distribution of intoxicating substances not authorized for sale.
“This operation should serve as a warning to stop selling dangerous drugs in our communities,” Jackley said in a statement.
What the Law Allows
Under state law, hemp-derived products containing no more than 0.3% THC are legal for sale in South Dakota. These include topicals, drinks, and edibles. However, smoking or inhaling hemp is prohibited, and stronger psychoactive products fall outside the law.
In 2024, House Bill 1125 made it illegal to chemically convert hemp extracts into delta-8, delta-9, or delta-10 THC, effectively banning the sale of popular hemp-derived THC vapes and edibles commonly found in other states.
Marijuana Rules in South Dakota
- Recreational marijuana remains illegal, after voters rejected a statewide ballot initiative.
- Medical marijuana is legal but tightly regulated.
- Patients may possess up to three ounces over a 14-day period with a medical marijuana card.
- Licensed dispensaries are subject to strict zoning and potency rules not applied to smoke shops.
Industry leaders say the confusion stems from blurred lines between hemp and marijuana. Emmett Reistroffer, of Genesis Farms LLC, noted, “A lot of these sellers claim their products are hemp, but they are psychoactive in nature, and sold at potencies that are significantly stronger than what licensed dispensaries are allowed to sell.”
Looking Ahead
Lawmakers and law enforcement continue to emphasize that delta-8 and delta-9 remain controlled substances in South Dakota. Residents are encouraged to purchase only from licensed medical dispensaries to avoid criminal penalties and ensure product safety.
Do you believe South Dakota should legalize delta-8 and delta-9 products for broader adult use, or keep them restricted under medical marijuana laws? Share your thoughts in the comments on SaludaStandard-Sentinel.com.
