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Is CBD Legal in South Dakota? State Hemp Rules in 2026

As of November 3, 2026, South Dakota allows hemp CBD up to 0.3% total THC, bans smokable hemp and chemically made THC, and sets 21+ for delta-8 and THCA.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 3, 2026, hemp products with no more than 0.3 percent total delta-9 THC, counting THCA, are legal in South Dakota. That includes CBD. State law bans selling or using hemp for smoking or inhaling.[1, 2]

South Dakota bans converting hemp or CBD into THC and bans selling hemp products with chemically derived cannabinoids, such as delta-8, delta-10, THC-O, HHC, and THCP. Since 2022, it has barred selling delta-8, THC-O, and HHC products to people under 21. On July 1, 2026, it added products with THCA to that rule.[1, 3, 4, 5, 6, 7]

We found no statewide minimum age for CBD itself. The 21+ rule sets no minimum amount, though, so in our reading it may also reach CBD products that contain even trace amounts of THCA or delta-8 THC. A 2026 law ends the state's own hemp grower and processor licenses on January 1, 2027, after which only federally or tribally licensed producers may grow hemp.[4, 8]

At a glance

Is CBD Legal in South Dakota? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes. South Dakota law allows "industrial hemp products" with no more than 0.3 percent total delta-9 THC. The state's ban on chemically derived cannabinoids does not reach cannabinoids made naturally by the plant, and its definition leaves out non-psychoactive cannabinoids. Industrial hemp is left out of the state's definition of marijuana.[1, 9]
Hemp definition and THC limitHemp is the Cannabis sativa L. plant and its parts, extracts, and cannabinoids with no more than 0.3 percent total delta-9 THC on a dry weight basis. Total delta-9 THC adds THC and THCA. Finished hemp products have the same 0.3 percent limit. We found no milligram cap per serving or package.[1]
CBD in food and drinksWe found no South Dakota statute or rule that speaks directly to CBD in food or drinks as of November 3, 2026.[1, 10]
Intoxicating hemp products (delta-8, THCA flower and similar)Hemp products with chemically derived cannabinoids, including delta-8, delta-10, THC-O, HHC, and THCP, are not legal industrial hemp products. Converting hemp or CBD into THC, or selling such products, is a Class 2 misdemeanor. Selling or using hemp for smoking or inhaling is a Class 1 misdemeanor. In our reading, this covers smokable hemp flower and hemp vapes. Hemp above 0.3 percent total delta-9 THC, counting THCA, is not hemp under state law.[1, 2, 3]
Minimum age21 for products meant for human consumption that contain delta-8 THC, delta-9 THCA, THC-O acetate, or HHC, unless obtained with a practitioner's prescription or order. The rule has applied to delta-8, THC-O, and HHC since 2022. THCA was added on July 1, 2026. We could not find a statewide minimum age for CBD or other hemp products that contain none of these four substances in South Dakota law as of November 3, 2026. The 21+ rule sets no minimum amount, so in our reading it may also reach CBD products that contain even trace amounts of THCA or delta-8 THC. A 2026 bill to set 21 for delta-9 THC products, Senate Bill 80, was withdrawn and did not become law.[4, 5, 6, 7, 11]
Who can sell itUntil January 1, 2027, state law requires a license to buy, receive, or obtain hemp for planting, storing, propagating, or processing. The rule does not apply to finished industrial hemp products. As of November 3, 2026, we found no state license for stores that sell finished CBD products. We did not find South Dakota rules on online sales or delivery of hemp products.[8, 12, 13]
Labels and lab testingState law directs the Department of Health to set labeling rules for industrial hemp products, until that law is repealed on January 1, 2027. As of November 3, 2026, we found no such rule. The only cannabis article in the Department of Health's administrative rules (ARSD Title 44) is the medical cannabis article, 44:90. The state hemp rules cover growers and processors. We found no state rule on lab reports, QR codes, or child-resistant packaging for consumer hemp products.[8, 10, 14, 15]
Medical and adult-use marijuanaSouth Dakota has a medical cannabis program run by the Department of Health. Voters created it with Initiated Measure 26 in November 2020. We found no adult-use (recreational) program in state law.[16]
November 12 and December 11, 2026South Dakota sets its own 0.3 percent total delta-9 THC limit in state law. It does not adopt the federal definition by reference. From January 1, 2027, its hemp law points to federal rules and statutes as they stood on January 1, 2026, but only for producer licenses and transport paperwork. In our reading, the federal changes from November 12 and December 11, 2026, may not change South Dakota law on their own. South Dakota has no milligram cap, so many products legal in the state may fall outside the federal 0.4 mg per container limit set for December 11, 2026, unless Congress delays it again. We found no state guidance on this.[1, 8, 17, 18]

How South Dakota defines hemp

South Dakota's hemp law is chapter 38-35 of the Codified Laws. Hemp is the Cannabis sativa L. plant and any part of it, including seeds and all derivatives, extracts, and cannabinoids, with no more than 0.3 percent total delta-9 THC on a dry weight basis.[1]

Total delta-9 THC adds THC and THCA. An "industrial hemp product" is a finished or consumer product made from hemp with no more than 0.3 percent total delta-9 THC. We found no limit in milligrams per serving or per package.[1]

Industrial hemp is left out of the state's definition of marijuana, and THC in industrial hemp is left out of Schedule I. In our reading, other THC, outside hemp and FDA-approved drugs, is still regulated as a controlled substance or as marijuana.[9, 19]

Delta-8, THCA, and smokable hemp

An industrial hemp product does not include a product with chemically derived cannabinoids. The law names delta-8, delta-10, THC-O, HHC, and THCP. The hemp chapter's definition of chemically derived cannabinoid leaves out non-psychoactive cannabinoids, cannabinoids in topical creams, and cannabinoids made by decarboxylation without a chemical catalyst. The same definition is in the controlled substances chapter, which the sales ban uses.[1, 3, 9]

A 2024 law, House Bill 1125, makes it a Class 2 misdemeanor to chemically convert hemp or CBD into delta-8, delta-9, delta-10, or other THC forms. It is also a Class 2 misdemeanor to sell or distribute hemp products with chemically derived cannabinoids.[3, 20]

South Dakota law says the sale or use of industrial hemp for smoking or inhaling is prohibited. A violation is a Class 1 misdemeanor. This rule has been in place since the hemp law took effect in 2020. In our reading, it covers smokable hemp flower and hemp vapes.[2]

In January 2026, a bill to ban hemp-derived intoxicants not used for medical purposes (Senate Bill 61) failed in the Senate. It did not become law.[21]

The age rule for delta-8 and THCA products

Since 2022, South Dakota has barred selling products with delta-8 THC, THC-O acetate, or HHC to people under 21. Senate Bill 45, signed March 30, 2026, added delta-9 THCA to that list. It also made knowingly selling these products to people under 21 a Class 1 misdemeanor, up from a Class 2 misdemeanor, and added an exception for products obtained with a practitioner's prescription or order. Under the state's general rule, these changes took effect July 1, 2026.[4, 5, 6, 7, 22]

Knowingly selling or distributing these products to someone under 21 is a Class 1 misdemeanor. Buying, receiving, having, or using them under 21, or buying them for or giving them to someone under 21, is a Class 2 misdemeanor. The law makes exceptions for products obtained with a practitioner's prescription or order. For buying for or giving to someone under 21, the exception applies only to a parent or guardian with such a prescription or order.[4]

We found no statewide minimum age for CBD or for hemp products that contain none of these four substances. The 21+ rule sets no minimum amount, so in our reading it may also reach CBD products that contain even trace amounts of THCA or delta-8 THC. We found no state guidance on this as of November 3, 2026. A 2026 bill to set 21 for delta-9 THC products (Senate Bill 80) was withdrawn in January 2026 and did not become law.[4, 11]

Licenses, labels, and lab tests

The Department of Agriculture and Natural Resources licenses hemp growers and processors. Its program page says a license is needed to buy, receive, or obtain hemp for planting, storing, propagating, or processing, but not for industrial hemp products. The state law behind this rule, SDCL 38-35-2, is repealed on January 1, 2027.[8, 12, 13]

State law directs the Department of Health to set labeling rules for industrial hemp products. As of November 3, 2026, we did not find such a rule. The only cannabis article in the Department of Health's administrative rules is the medical cannabis article, 44:90. The state's hemp rules, ARSD Article 12:82, cover licensing, sampling, testing, and disposal for growers and processors.[10, 14, 15]

We found no South Dakota rule that requires consumer hemp products to carry lab reports, QR codes, or child-resistant packaging as of November 3, 2026.[10, 15]

What changes on January 1, 2027

Senate Bill 39, signed March 30, 2026, takes effect January 1, 2027. It ends the state's own grower and processor licenses. After that date, only a producer licensed by the U.S. Department of Agriculture or a tribal program may grow hemp in South Dakota.[8, 23]

The 0.3 percent total delta-9 THC limit stays. The list of excluded chemically derived cannabinoids stays as well, but the separate definition of chemically derived cannabinoid is removed from the hemp chapter. The same definition stays in the controlled substances chapter (SDCL 34-20B-1), which the sales ban uses. The smoking and inhaling ban is not repealed.[1, 2, 3, 8, 9]

The law that tells the Department of Health to write hemp labeling rules is also repealed on that date.[8, 14]

Medical cannabis and the 2026 federal change

South Dakota's medical cannabis program began after voters approved Initiated Measure 26 in November 2020. The Department of Health runs it. We found no adult-use program in state law.[16]

From November 12, 2026, the federal hemp definition leaves out products with cannabinoids that the plant cannot naturally make. The remaining federal changes, including total THC with THCA and a limit of 0.4 mg total THC per container for final products, are set for December 11, 2026, unless Congress delays them again.[17, 18]

South Dakota already bans many chemically derived cannabinoids and already counts THCA. It has no milligram cap, so in our reading, products that meet state law may still fall outside the federal hemp definition from December 11, 2026, unless Congress delays that change again. Senate Bill 39 points to federal rules and statutes as they stood on January 1, 2026, but only for producer licenses and transport paperwork. We found no state guidance on how these fit together.[1, 3, 8, 17, 18]

What changes next

  1. Federal change on cannabinoids that plants cannot naturally make

    From November 12, 2026, the federal hemp definition leaves out products with cannabinoids that the plant cannot naturally make. South Dakota already bans many chemically derived cannabinoids.[3, 17, 18]

  2. Rest of the federal hemp change

    The remaining federal changes, including total THC with THCA and the 0.4 mg per container limit, are set for December 11, 2026, unless Congress delays them again. South Dakota has no milligram cap of its own.[1, 17, 18]

  3. State hemp licenses end

    Senate Bill 39 takes effect. Only producers licensed by the U.S. Department of Agriculture or a tribal program may grow hemp in South Dakota.[8]

Who regulates hemp and CBD

Timeline

  1. South Dakota's hemp law takes effect

    The industrial hemp chapter, including the ban on selling or using hemp for smoking or inhaling, took effect March 27, 2020.[2]

  2. 21+ rule for delta-8, THC-O, and HHC

    House Bill 1292 of 2022, signed by the Governor on March 10, 2022, barred sales of these products to people under 21. It had no emergency clause, so it took effect July 1 under the state's general rule.[4, 5, 7]

  3. Ban on chemically converted hemp takes effect

    House Bill 1125, signed March 26, 2024, bans converting hemp or CBD into THC and selling products with chemically derived cannabinoids.[3, 7, 20]

  4. Hemp intoxicant ban fails

    A motion to place Senate Bill 61 on the Senate calendar failed 14 to 19.[21]

  5. Senate Bills 39 and 45 signed

    The Governor signed SB 45 (adds THCA to the 21+ rule and raises the sales penalty) and SB 39 (ends state hemp licenses from January 1, 2027).[22, 23]

  6. THCA added to the 21+ rule

    Senate Bill 45 took effect. Products with delta-9 THCA joined delta-8, THC-O, and HHC under the 21+ rule. Knowingly selling these products to people under 21 became a Class 1 misdemeanor, up from Class 2, and an exception for products obtained with a practitioner's prescription or order was added.[4, 6, 7]

Sources

Show 23 references
  1. SDCL 38-35-1, Definitions (current text and version effective January 1, 2027)
  2. SDCL 38-35-21, Industrial hemp for smoking prohibited--Violation as misdemeanor
  3. SDCL 34-20B-118, Industrial hemp--Chemical modification or conversion--Sale or distribution--Penalty
  4. SDCL 34-20B-117, Delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol--Underage--Penalty
  5. 2022 House Bill 1292 (regulate delta-8 THC, THC-O acetate, and hexahydrocannabinol for those under 21), bill page: signed by the Governor March 10, 2022
  6. 2026 South Dakota Legislature, Senate Bill 45 (enrolled)
  7. SDCL 2-14-16, Effective date of legislative acts
  8. 2026 South Dakota Legislature, Senate Bill 39 (enrolled): An Act to revise provisions relating to industrial hemp
  9. SDCL 34-20B-1, Definitions ((3) chemically derived cannabinoid; (16) marijuana, excludes industrial hemp)
  10. ARSD Title 44, Health (list of articles)
  11. 2026 Senate Bill 80 (prohibit the sale of delta-9 THC products to individuals under 21), bill history: withdrawn January 21, 2026
  12. SDCL 38-35-2, Purchasing, receiving, or obtaining industrial hemp--License required--Violation as misdemeanor (repealed effective January 1, 2027)
  13. Industrial Hemp Program (South Dakota Department of Agriculture and Natural Resources)
  14. SDCL 38-35-12, Department of Health--Promulgation of rules (repealed effective January 1, 2027)
  15. ARSD Article 12:82, Industrial Hemp
  16. Medical Cannabis Program (South Dakota Department of Health)
  17. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  18. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  19. SDCL 34-20B-14, Schedule I substances (tetrahydrocannabinol, except in industrial hemp)
  20. 2024 House Bill 1125 (chemical modification or conversion of industrial hemp), bill history: signed March 26, 2024
  21. 2026 Senate Bill 61 (ban hemp-derived intoxicants not for medical purposes), bill history: not passed
  22. 2026 Senate Bill 45, bill history (signed by the Governor March 30, 2026)
  23. 2026 Senate Bill 39, bill history (signed by the Governor March 30, 2026)

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This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.