Is Delta-8 THC Legal in South Dakota?
Delta-8 THC is illegal in South Dakota as of 2026. South Dakota has banned Delta-8 THC under its controlled substances laws. The state classifies Delta-8 THC as a Schedule I controlled substance under SDCL § 34-20B-2, making its possession and sale illegal.
Delta-8 THC is ILLEGAL in South Dakota
Delta-8 THC is currently illegal in South Dakota. Possession or sale may result in penalties.
Delta-8 THC Laws in South Dakota: Quick Facts
- 1 Legal Status: Delta-8 THC is currently illegal in South Dakota.
- 2 Possession: Possession of Delta-8 THC is illegal and treated as possession of a Schedule I controlled substance.
- 3 Sale: Sale or distribution of Delta-8 THC is prohibited and subject to criminal penalties.
- 4 Age Restriction: None (illegal for all ages).
- 5 Penalties: Penalties include felony charges with potential imprisonment and fines under SDCL § 34-20B-6.
Detailed Legal Breakdown
| Possession | Possession of Delta-8 THC is illegal and treated as possession of a Schedule I controlled substance. |
| Sale | Sale or distribution of Delta-8 THC is prohibited and subject to criminal penalties. |
| Age Restriction | None (illegal for all ages). |
| Penalties | Penalties include felony charges with potential imprisonment and fines under SDCL § 34-20B-6. |
| Pending Legislation | None known |
How Does South Dakota Compare?
Across all 50 states, Delta-8 THC is fully legal in 15 states, legal with restrictions in 27 states, and illegal in 8 states. South Dakota is among the 8 states where it is illegal.
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Editorial Standards
This page was researched and written by the editorial team at IsThisLegalInMyState.com. All legal information is sourced directly from official state statutes, regulatory agency publications, and legislative databases. Our team reviews each page for accuracy and updates it when laws change.
Source
Citation: South Dakota Codified Laws - Controlled Substances
https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-20B
Last verified: 2026-01-15
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