Possessing or consuming any amount of delta 9 THC has been illegal for decades in the United States. This has changed since the signing of the 2018 Farm Bill, which deems that hemp-derived products containing less than .3% of delta-9 THC on a dry weight basis are federally legal.

Delta-8 is extracted from the hemp plant, completely opposite of the cannabis plant which naturally contains an abundance of delta 9 THC. Although they are different cannabinoids, many users choose to indulge in alternate cannabinoids due to the desired effects. Because of this, the South Dakota delta 8 market has exploded in popularity.

Legal Status of Delta-8 in South Dakota

The delta-8 industry is considered a largely “gray area” throughout the United States. The Food and Drug Administration does not seem to support the 2018 Farm Bill, signed under the Trump Administration by the United States Department of Agriculture (USDA). They are keeping delta-8 and other new and growing cannabinoids under their radar, attempting to place stricter regulations on them in the near future.

Luckily, South Dakota has expressed their support for keeping delta 8 legal in the state. In 2019, they placed House Bill 1191 under effect which further clarified that delta 8 THC products that follow the exact regulations on the 2018 Farm Bill will also be defined legally in South Dakota.

Will Delta-8 continue to be legal in South Dakota?

As much as we all hope it will be, there is no definite answer to the legality of delta 8 THC in the near future. Although South Dakota has shown support for delta 8 products, there are numerous government lawmakers and Supreme Court members who will continue the attempt to push hemp-derived CBD and other cannabinoids onto the list of controlled substances. This would make all parts of the plant illegal.

To avoid this from becoming a possibility, we hemp enthusiasts must bring on the fight- everyone deserves to experience the potential benefits of delta-8 THC products.

Can legal troubles arise for Delta-8 consumers in South Dakota?

Legal troubles are not out of the question for delta 8 consumers. Because delta-8 is almost identical to delta-9, it is extremely difficult to prove to law enforcement that what is in your possession contains less than 0.3% of delta-9 THC without proper lab testing. There is a possibility that a police officer may not take your word for it as you’re claiming it’s legal.

Also, if you are on probation, out on bond, or on parole, you are technically not allowed to consume or purchase any delta-8 products. This would be seen as illegal in South Dakota regarding the fact that hemp products are permitted. It is recommended that you avoid delta-8 until your legal status is removed to negate an inconvenience.

Will Delta-8 induce a failed drug test in South Dakota?

Yes, it will. Delta 8 still contains very minimal amounts of Delta 9 THC, which is what they look for when completing a THC drug test. Laboratories have still not found a working method to differentiate both cannabinoids from one another. With this being said, if you are facing legal obstruction and undergo frequent drug tests or are working towards getting a new job, we highly recommend that you do not consume any hemp cannabinoids for the time being.

Are there any limits on Delta-8 in South Dakota?

To be fully compliant with the 2018 Farm Bill, certain regulations and restrictions must be followed to protect yourself from legal trouble. These are the key factors:

  • You must be 21 years of age or older to purchase any delta 8 products in South Dakota
  • You are able to purchase delta-8 products online
  • You can travel to and from South Dakota with delta 8 in your possession if you are flying domestically from a state where it is also legal
  • Delta 8 products are critically required to consist of less than .3% of delta 9 THC
  • Consuming delta products in public is not permitted

What are my consumption options in South Dakota?

There are various consumption options when looking to experience the benefits of hemp-derived products. The goods come in edibles, cartridges, disposables, concentrates and so many more. With the number of options, there is a promising product for every beginner to consume at their preference and comfortability.

Where can you start in South Dakota?

A great place to start your Delta-8 experience is right here with us at D8Gas. We offer various collections of premium, top-tier products from numerous reliable, extremely popular brands like Cake, Runtz, Packwoods, and many more. We can assure delightful hemp experiences with any of the products we offer. Some of the most popular product options include:

  • Runtz Delta 8 Gummies 1000mg: I’m sure you’ve heard of Runtz at least once or twice! That is because they are among the most sought-after brands in the hemp and cannabis industry. These popular gourmet bite-sized gummies come in delicious flavors like Fruit Punch and Pina Colada and pack a huge punch. It consists of 10 pieces infused with 100mg of delta 8 each.
  • Cake Delta 10 Disposable: Cake’s Delta 10 disposables are the most popular in the hemp industry. With a selection of 9 potent strains to choose from like the classic AK47 to the new and extremely popular Ice Cream Cake, there’s a Cake disposable for every hemp user to love. Whether you prefer a Sativa, Indica, or hybrid effect, there are multiple choices for the exact experience you need.
  • Rocket Fuel 1 Gram Disposable: If you are familiar with disposable vapes, Rocket Fuel offers some of the best devices that are ready to be puffed on as soon as you remove them from its packaging. They incorporate classic strains like Grand Daddy Purp to the newer extremely popular strains like Runtz for their disposables.

Because of the boom in popularity of delta 8, we’re sure to carry a product you’ll love. If these options may not be what you prefer, there are plenty of options to choose from at D8Gas, where you can also explore more information about delta 8 and a bunch of other great products.

About the author
Adrian Mota

Hi there, I'm Adrian! I'm passionate about cannabinoids – My journey into this fascinating world began with a curiosity to understand how these compounds interact with our bodies. I've been digging into how they work in our bodies and what benefits they might offer. From exploring their various uses and perks to understanding the importance of safety considerations, I'm here to deliver clear and concise information to empower others. My aim is to help everyone get a grasp on cannabinoids so you can make smart choices as you browse through different brands and products.