Delta 8 THC in South Dakota: Is It Legal & Where to Buy in 2022?

Area 52
July 01, 2021 | Legal

Delta 8 THC is a lesser-known psychoactive cannabinoid produced by the cannabis plant. Its popularity is steadily increasing as many people find its effects more tolerable and milder than conventional THC products.

Currently, delta 8 THC is entirely legal in South Dakota — but there are a few caveats.

This guide walks you through South Dakota’s delta 8 THC laws. It also provides tips on how and where to shop for delta 8 THC products near you.

Is Delta 8 THC Legal in South Dakota?

Cannabis lead and Delta 8 THC extract

Cannabis plants produce over a hundred different cannabinoids, the most popular of which are psychoactive THC and non-psychoactive CBD.

Delta 8 THC is a lesser-known cannabinoid. It’s naturally produced when THC (also known as delta 9 THC) degrades or decays over time or when it gets exposed to air, light, and heat.

Because delta 8 THC is a compound that directly comes from THC, it also has psychoactive properties, although they’re milder and smoother than conventional THC.

Now, delta 8 THC is legal in South Dakota, provided it’s sourced from industrial hemp and contains no more than 0.3% THC.

The 2018 Farm Bill and the South Dakota state bill HB 1191 clarify the legal status of industrial hemp and its derivatives [1]. This includes all parts of the plant, such as the flowers, leaves, stems, stalks, derivatives, extracts, cannabinoids, acids, isomers, salts, etc.

The only limit is the amount of delta 9 THC in the final product — which must remain below 0.3% on a dry weight basis.

Therefore, delta 8 THC is legal in South Dakota as long as it’s made entirely from hemp (not marijuana), and the final product contains no more than 0.3% delta 9 THC.

Where to Buy Delta 8 THC in South Dakota

As of this writing, South Dakota’s hemp laws allow residents to buy, use, and possess delta 8 THC products.

If delta 8 THC products aren’t available in your local dispensary yet, you can buy some online.

Most users order their products online. Not only are you given more brands to choose from, but you’re also offered different delta 8 THC forms and potencies.

The benefits of ordering delta 8 THC online:

  • Online shops have better pricing and seasonal discounts
  • When you buy online you can read customer reviews & third-party tests before you buy
  • Ordering online is easier and more convenient
  • Online shops have a greater selection of products
  • Products left on store shelves degrade more quickly

Moreover, buying delta 8 THC online also gives you additional perks and benefits like signup bonuses and other discounts. You also get to earn loyalty points that you can redeem the next time you place a new order.

When shopping for delta 8 THC online, it’s important to read reviews and customer feedback. Choose hemp-derived delta 8 THC products sourced from organically-grown industrial hemp with less than 0.3% THC. Look for third-party test results that prove the final sample doesn’t contain any contaminants or illegal levels of delta 9 THC.

Shop For the Best Delta 8 THC Products in South Dakota

  • Delta-8 Gummies

    $85 $69
  • Delta-8 Tincture

    $129 $109
  • Delta-8 Vape Cartridge

    $89 $65

Do I Need a Medical Card in South Dakota to Order Delta 8 THC?

Delta 8 THC is covered by the same laws that apply to hemp-derived CBD. You don’t need to get a medical card or obtain a written recommendation from your doctor to buy delta 8 THC products.

There may also be no age restriction or possession limit to delta 8 THC products when you consider the state’s hemp CBD laws.

How Does Delta 8 THC Differ from Delta 9 THC?

These two cannabinoids are similar in many ways.

Both delta 8 THC and delta 9 THC have a similar chemical structure with their 21 carbon atoms, 30 hydrogen atoms, and 2 oxygen atoms.

What makes them different — which may also account for their varying effects — is the location of their double bond.

Delta 9 THC has a double bond on its ninth carbon atom. Delta 8 THC has it on its eighth, making them vary slightly in shape and form, influencing how they bind to the endocannabinoid receptors.

What Does Delta 8 THC Feel Like?

If you’re looking for a cannabinoid that can produce mind-altering effects without inducing anxiety and paranoia, delta 8 THC may be a good choice.

Compared to delta 9 THC, delta 8 THC’s effects are milder and smoother. You’re way less likely to feel anxious after using this version compared to conventional delta 9 THC as well as delta 10 THC — both of which tend to be more stimulating than relaxing.

In higher doses, delta 8 THC can become fairly sedative, making it a good option to use as a nightcap.

Is Delta 8 THC Natural or Synthetic?

bottle of Delta 8 THC extract and cannabis on a wooden table

According to FDA’s policy, a product may only be considered “natural” if it doesn’t contain any traces of synthetic compounds. This may be in the form of additives, flavorings, preservatives, and coloring agents.

Delta 8 THC is naturally formed when THC degrades, which makes it natural by any definition.

All our products are made entirely from compounds found in nature. Even our flavoring agents are made from a combination of hemp-derived terpenes.

How to Use Delta 8 THC

When it comes to the different forms of delta 8 THC, you’ll find this cannabinoid in oils, vapes, edibles, honey, and even hemp flowers.

If you want to feel the effects of delta 8 THC quickly, we suggest using sublingual products like tinctures or oils or inhalable D8 THC like vape pens or cartridges.

However, if you’re after a more prolonged effect, we suggest ingestible delta 8 THC like gummies, brownies, and even soft gel capsules. It may take a while (30 minutes to an hour) before you feel its effects since it has to pass through the digestive system and liver first, but the effects last up to 6 hours.

As with any cannabis product (may it be for recreational or medicinal purposes), we always recommend starting with the lowest dose possible, especially if you’re new to delta 8 THC.

Controlling the dosage and adjusting it accordingly helps avoid unpleasant side effects like dry eyes and dry mouth.

Is Marijuana (Delta 9 THC) Legal In South Dakota?

South Dakota not only makes a point to ban the prescription of marijuana for medical purposes — it actively disregards the prescriptions offered by doctors in other states.

Recreational marijuana is also illegal here and there are no significant movements to change this in the legal pipeline at the moment.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in South Dakota?

Delta 10 is another isomer of the THC molecule. It’s regulated under the same laws as delta 8, which makes it legal in the state of South Dakota.

Like delta 8 THC, delta 10 THC also has mild cognitive effects compared to delta 9 THC. Its effects are also clearer, smoother, and more focused.

However, while delta 8 THC is known for its more relaxing properties, delta 10 THC has a more energizing and invigorating effect.

Users have compared these two cannabinoids in terms of the effects of marijuana — delta 8 THC is more like Indica strains; delta 10 THC is more like Sativa.

Final Thoughts: What’s the Future of Delta 8 THC in South Dakota?

For those who find delta 9 THC makes them feel anxious or overstimulated, delta 8 THC is an excellent alternative.

Fortunately, delta 8 THC is legal in South Dakota.

Just make sure you’re buying delta 8 THC products sourced from industrial hemp with a THC level of no more than 0.3% to avoid problems.

All our delta 8 products remain compliant with South Dakota law. None of our products contain more than 0.3% delta 9 THC, use premium hemp extract for the starting material, and are flavored with naturally occurring hemp-derived terpenes.

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