Delta 8 THC is a cannabinoid found in the hemp plant that is quickly expanding in popularity nationwide with promising applications in both the medical and recreational fields. While Delta 8 THC features familiar chemical properties to Delta 9 THC, the main chemical found in marijuana, it has completely different effects and generally less potency towards its users.
But now we have to ask, is Delta 8 THC legal in South Dakota?
Related article: What is Delta 8 THC?
As of September 28, 2021, Delta 8 THC is legal according to South Dakota state law. Like the federal law, South Dakota has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
Luckily, South Dakota has adopted regulations in the same vein as Delta 8 THC in Nebraska and Delta 8 THC in Wisconsin. While things are still looking good in the state, a close eye will have to be kept on future bills in case there is a change of heart.
The laws follow:
Section 1. That subdivision (7) of § 22-42-1 be amended to read:
(7) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such the plant;
Section 2. That subdivision (12) of § 34-20B-1 be amended to read:
(12) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant or cannabidiol, a drug product approved by the United States Food and Drug Administration;
Section 3. That the code be amended by adding a NEW SECTION to read:
For the purposes of this Act, industrial hemp or hemp, is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
As it currently stands, South Dakota is one of the strictest states on marijuana possession, with a potential penalty of a year in jail or a $2000 fine for just possession of a small amount of marijuana.
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Fortunately for South Dakotans, South Dakota will become the first state ever to vote on medical marijuana and adult-use legalization at the same time in the November 2020 election. Voice your opinion at the pools and contact your local and state lawmakers if you want to see a change.
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