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

Currently, delta 8 THC is illegal in South Dakota, the state having prohibited the production,  sale, and consumption in 2024.

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 Legal in South Dakota?

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 has an almost similar molecular structure to THC and also produces psychoactive effects, although they’re milder and smoother than conventional THC.

Delta 8 THC used to be legal in South Dakota, provided it’s sourced from industrial hemp and contains no more than 0.3% THC.

However, in July 2024, South Dakota passed House Bill 1125. Under this new law, it’s now illegal for a business to produce and sell chemically modified hemp products,  effectively prohibiting hemp derived THC products that contain psychoactive cannabinoids synthesized through a chemical reaction. These include delta 8, delta 10, THCO or THC-O acetate, or THCP. That said, intoxicating hemp derivatives are no longer allowed in the state.

The hemp derived products with delta 8 we see in the market or buy from local stores are synthesized from CBD sourced from hemp. Technically, these products are federally legal, thanks to the 2018 Farm Bill.

The 2018 Farm Bill legalized hemp and removed industrial hemp and its derivatives from the controlled substances list[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.

Several states aligned their hemp laws with the 2018 Farm BIll. However, because the industry is largely unregulated and lacks standardized lab testing, other states have either banned or placed strict restrictions on delta 8, including enforcing age limits to protect minors.

Business owners reacted to South Dakota’s delta 8 ban. According to Caleb Rose, a resident of Rapid City and a co-owner of a vape and CBD shop, the ban will mean a 40% loss in their sales, especially since delta 8 makes up 40% of their sales.

Where to Buy Delta 8 THC in South Dakota

As of this writing, South Dakota’s hemp laws no longer allow residents to buy, use, and possess delta 8 THC products.

If you reside in a state that allows delta 8 THC but the 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

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

Unfortunately, you can’t buy delta 8 THC in South Dakota. But if you reside in a delta 8-friendly state, know that the cannabinoid 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.

However, it’s recommended that you determine your state’s laws first before buying delta 8 THC to avoid any issues with the law.

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 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 anxiousness 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 less likely to feel anxious after using this version compared to conventional delta 9 THC and delta 10 THC — both of which tend to be more motivating than relaxing.

Is Delta 8 THC Natural or Synthetic?

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, 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?

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

Medical marijuana, on the other hand, is legal. The state legalized marijuana for medicinal use in 2021.

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 federally legal in the US. However, South Dakota laws also ban the production and sale of delta 10.

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 calming properties, delta 10 THC has a more 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 stressed or overstimulated, delta 8 THC is an excellent alternative.

Unfortunately, delta 8 THC is illegal in South Dakota.

If you reside in a delta 8-friendly state, you can buy such products in-store or online. 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 the 2018 Farm Bill. None of our products contains more than 0.3% delta 9 THC, uses premium hemp extract for the starting material, and is flavored with naturally occurring hemp-derived terpenes.

FAQs on Delta 8 and Other Cannabinoids in South Dakota

Get to know the status of delta 8 and other cannabinoids in South Dakota through this short list of commonly asked questions.

1. Is Delta-8 Legal in South Dakota? 

Delta 8 is illegal in South Dakota after the state passed House Bill 1125, a law that effectively bans the production and sale of delta 8.

2. Can I Purchase Delta 8 Online?

You can definitely buy delta 8 online, but always make sure that it’s sourced from hemp and doesn’t contain more than 0.3% THC. Before making a purchase though, check your state laws to see if it’s allowed in your area.

3. Can You Get Delta 8 Shipped?

You can get delta 8 shipped to your home, but make sure that your state allows such products. That said, always check your local laws, especially since some states don’t allow interstate commerce of intoxicating hemp products.

4. Is Delta 9 Legal in South Dakota?

Marijuana delta 9 THC isn’t legal for recreational use in South Dakota. However, it’s legal for medicinal use in the state. If you want to join the state’s medical marijuana program, be sure to check the South Dakota’s Department of Health website for details.

5. Is CBD Legal in South Dakota?

Hemp CBD is legal in South Dakota. However, CBD derived from marijuana is only available to registered medical marijuana patients.