Is CBD legal in South Dakota? 2026

Legal 3 productsLegal with limits 2 productsNot legal 3 products
Yes, with limitsVerified Sep 30, 2026

CBD is legal in South Dakota at 0.3% total THC or less, but delta-8 and other converted THC, smokable hemp, THCA flower and hemp vapes are banned.

CBD oil in South Dakota
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CBD oil & tinctures

In South Dakota
LegalChecked Sep 30, 2026

Yes. CBD oil and tinctures are legal in South Dakota if the product has 0.3% total delta-9 THC or less by dry weight, with THCA counted. State law has no minimum age or retail license for CBD.

  • South Dakota counts THCA toward the 0.3% limit, so check total THC on the lab report (COA).
  • Isolate and broad-spectrum oils are the least likely to go over the federal THC cap after December 11.
Min. age
No state minimum
THC limit
0.3% total THC
Medical
Medical cannabis program
Recreational
No

South Dakota at a glance

Status of all 8 products in South Dakota. Tap a row to see the full answer.

ProductStatusThe rule
CBD oil & tincturesLegal0.3% total THC (THCA counted) · no state minimum age
CBD gummies & ediblesLegal0.3% total THC · no chemically derived cannabinoids
CBD creams & topicalsLegal0.3% total THC · topical creams exempt from converted-THC ban
Full-spectrum CBDLegal with limitsLegal today; many products exceed 0.4 mg per container from Dec 11
Hemp delta-9 edibles & drinksLegal with limitsNatural THC only at 0.3% total THC; most exceed 0.4 mg Dec 11
Delta-8, delta-10 & THCPNot legalBanned since July 1, 2024 · Class 2 misdemeanor
THCA flower & pre-rollsNot legalSmokable hemp banned · THCA counted in 0.3% total THC
Hemp vapes & cartsNot legalHemp for smoking or inhaling banned · Class 1 misdemeanor

South Dakota CBD laws by product

Checked Sep 30, 2026 against South Dakota's official sources, listed at the end of the page.

Is CBD oil legal in South Dakota?

Legal

Yes. CBD oil and tinctures are legal in South Dakota if the product has 0.3% total delta-9 THC or less by dry weight, with THCA counted. State law has no minimum age or retail license for CBD.

  • South Dakota counts THCA toward the 0.3% limit, so check total THC on the lab report (COA).
  • Isolate and broad-spectrum oils are the least likely to go over the federal THC cap after December 11.
Read the CBD amount on a label →

Are CBD gummies legal in South Dakota?

Legal

Yes. CBD gummies and edibles are legal in South Dakota when they have 0.3% total delta-9 THC or less and contain no chemically derived cannabinoids such as delta-8.

  • State law sets no per-serving or per-package THC cap and no minimum age for CBD edibles.
What to check on a gummy label →

Are CBD creams and topicals legal in South Dakota?

Legal

Yes. CBD creams and topicals are legal in South Dakota at 0.3% total delta-9 THC or less. The state's ban on chemically derived cannabinoids expressly does not cover cannabinoids in a topical cream product.

Is full-spectrum CBD legal in South Dakota?

Legal with limits

Legal in South Dakota today at 0.3% total delta-9 THC or less, but many full-spectrum products will exceed the federal 0.4 mg per container cap on December 11, 2026.

  • Check total THC per bottle on the lab report, not just the percentage.
  • Isolate and broad-spectrum products are the least likely to go over the federal THC cap after December 11.

Are hemp delta-9 edibles and drinks legal in South Dakota?

Legal with limits

Hemp delta-9 edibles and drinks are allowed under South Dakota law only if the THC is naturally occurring and the product has 0.3% total delta-9 THC or less by dry weight. Converting CBD into delta-9 THC is banned, and the federal 0.4 mg per container cap on December 11, 2026 will put most of these products out of bounds.

  • Selling hemp products with delta-9 THC made from CBD is a Class 2 misdemeanor.
  • State law sets no serving cap or minimum age for hemp products.
What federal law says about hemp →

Is delta-8 legal in South Dakota?

Not legal

No. Since July 1, 2024, South Dakota bans making or selling hemp products that contain chemically derived cannabinoids, and its hemp products law names delta-8, delta-10, THC-O, HHC and THCP.

  • A violation is a Class 2 misdemeanor.
  • The 2026 hemp law (SB 39) keeps the delta-8 exclusion after January 1, 2027.

Is THCA flower legal in South Dakota?

Not legal

No. South Dakota bans selling or using industrial hemp for smoking or inhaling, and its hemp limit counts THCA toward total THC, so high-THCA flower is not hemp under state law.

  • Selling or using hemp for smoking is a Class 1 misdemeanor.

Are hemp vapes legal in South Dakota?

Not legal

No. South Dakota law says the sale or use of industrial hemp for smoking or inhaling is prohibited, and the state defines hemp to include its extracts and cannabinoids. Delta-8 and other converted THC carts are also banned.

  • A violation of the smoking and inhaling ban is a Class 1 misdemeanor.

What changed in South Dakota

What the federal ban means for South Dakota →

2 state changes since 2024. Two federal changes follow on Nov 12 and Dec 11, 2026. See each change with its source.

Today
Jul 1 2024
South Dakota
Delta-8 and converted THC banned
Nov 12 2026
Federal · all states
41 daysLab-only cannabinoids like THC-O lose hemp status
Dec 11 2026
Federal · all states
70 days0.4 mg total THC per container cap

Buying and carrying CBD in South Dakota

Buying CBD online in South Dakota

South Dakota's official sources set no separate rule for buying CBD online or shipping it into the state. Products must stay at 0.3% total delta-9 THC or less and contain no chemically derived cannabinoids, and hemp sold for smoking or inhaling is banned.

Traveling with CBD in South Dakota

Hemp must stay at 0.3% total delta-9 THC or less, with THCA counted, to be legal in South Dakota. The state's transport paperwork rules cover hemp plants and product in process, not finished consumer products, so carry CBD with its lab report.

Can you fly with CBD? →

CBD for pets in South Dakota

South Dakota's sources don't address pet CBD products separately. The same 0.3% total THC limit and the ban on chemically derived cannabinoids apply to hemp products generally.

South Dakota Medical Cannabis Program

Voters approved medical cannabis with Initiated Measure 26 in November 2020, and the Department of Health runs the program for patients certified by a registered practitioner. Dispensary cannabis is separate from hemp and is not covered by these hemp answers.

Verify the source →

Is your full-spectrum product over the December 11 cap?

Enter delta-9 and THCA from the lab report and the package size, and the calculator shows total THC per container.

Check total THC per container

South Dakota CBD questions

Is CBD oil legal in South Dakota in 2026?

Yes. CBD oil is legal in South Dakota if it has 0.3% total delta-9 THC or less by dry weight, with THCA counted, and contains no chemically derived cannabinoids. The state sets no minimum age or retail license for CBD.

How old do you have to be to buy CBD in South Dakota?

South Dakota's hemp law sets no minimum age for CBD or hemp products. Individual stores may set their own age rules.

Can you buy CBD online in South Dakota?

South Dakota's official sources set no separate rule for buying CBD online or shipping it into the state. Products must stay at 0.3% total delta-9 THC or less and contain no chemically derived cannabinoids, and hemp sold for smoking or inhaling is banned.

Can you travel with CBD in South Dakota?

Hemp must stay at 0.3% total delta-9 THC or less, with THCA counted, to be legal in South Dakota. The state's transport paperwork rules cover hemp plants and product in process, not finished consumer products, so carry CBD with its lab report.

Will the federal hemp change on December 11, 2026 affect CBD in South Dakota?

Yes. From December 11, 2026, federal law caps hemp products at 0.4 mg of total THC per container, so many full-spectrum CBD products and hemp delta-9 edibles and drinks will be affected. THC-free products such as CBD isolate stay under the cap.

Sources 7Checked Sep 30, 2026
  1. South Dakota LegislatureCodified Law 38-35-1: Industrial hemp definitions
  2. South Dakota LegislatureCodified Law 34-20B-118: Chemical modification or conversion of industrial hemp, sale or distribution, penalty
  3. South Dakota LegislatureCodified Law 38-35-21: Industrial hemp for smoking prohibited
  4. South Dakota Legislature2024 House Bill 1125 (enrolled): ban on chemically modified or converted hemp
  5. South Dakota Legislature2026 Senate Bill 39 (enrolled): revise provisions relating to industrial hemp
  6. South Dakota Department of HealthSouth Dakota Medical Cannabis Program
  7. South Dakota Department of Agriculture and Natural ResourcesIndustrial Hemp Program

Open these official sources, with links, on our verification page →

How we checked: every answer on this page was checked on Sep 30, 2026 by the canary. editorial desk against 7 official government sources. When we find a change, we update this page and log it with its date. See every source with its link.

General information, not legal advice. Hemp law in South Dakota can change quickly. Check the official sources above or speak with a South Dakota attorney before buying, selling or shipping hemp products.

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