SOUTH DAKOTA STATE LAWS REGARDING DELTA 8 THC AND CBD
Over two-thirds of states have legalized the use of medical marijuana, while about a third have legalized recreational use. Unfortunately, in South Dakota there seems to be some confusion on the legality of marijuana for medical use.
Although the House approved a bill in May of 2021 to legalize medical cannabis in the South Dakota for medical use, there has still not been final legislation on the bill, and is being held up in the state.
Hemp cannabis was legalized at the federal level with the passage of the 2018 Farm Bill, allowing for the cultivation, production, distribution, transportation, sale, and possession of hemp and hemp products containing 0.3% or less THC.
What does this mean for residents of South Dakota, and how does South Dakota treats compounds like cannabidiol (CBD), cannabigerol (CBG), and delta-8-tetrahydrocannabinol?
What is the Legal Status of CBD in South Dakota?
You might think the answer to this question is pretty straightforward since the 2018 Farm Bill legalized hemp cannabis in the U.S., including all 50 states. However, it can differ greatly from state to state, as the states are in position to handle their own laws as it pertains to cannabis.
South Dakota allows only CBD products containing less than 0.3% Delta 9 THC for average citizens. It can be sold as oils, powders, pills, and topical lotions.
What About CBG?
When CBG is derived from hemp cannabis, it is considered legal in all 50 states. With that being said, it’s important to remember that South Dakota cannabis products sold in the state must have less than 0.3% Delta 9 THC.
Is Delta 8 THC Legal in the State?
YES! Delta 8 THC is legal in South Dakota!
Cannabis products sold in South Dakota must have less that 0.3% Delta 9 THC, including those with Delta 8 THC. This requirement applies to Delta 8 cigarettes, Delta 8 flower, Delta 8 gummies, and Delta 8 vapes.
Broad Spectrum vs. Full Spectrum
Full-spectrum CBD contains all of the chemical compounds naturally occurring in the plant, which amounts to roughly 400 substances. Cannabis consists of terpenes, flavonoids, and over 100 cannabinoids that interact with the endocannabinoid system, including Delta 9 THC, the cannabinoid responsible for psychoactive effects.
Hemp cannabis, which is legal federally, features 0.3% or less THC, so it both Full Spectrum CBD and Broad Spectrum CBD are both legal in South Dakota.
Where to Buy Delta 8 THC in South Dakota or Online
Most smart people, like you, know shopping online is typically the fastest and most cost effective way get almost any product; including delta 8 THC products. Have the ability to buy directly from the brand, read reviews, take a look at third-party certificates of analysis (COA) tests, and compare products easily from the comfort of your home.
However, there are some companies producing delta 8 THC through potentially unsafe methods or that are selling products with higher delta-9 content that is legally allowed. For example, some are using heavy metal reagents or doing a poor job at removing the (illegal) delta 9 THC content or harsh chemicals and acids from the final product.
To reduce your odds of coming into this type of problem, it is recommended to always buy from brands that display their third-party COA’s – and this is the greatest benefits of buying online.
Additional Benefits of Ordering D8 THC online:
- Get better online pricing and seasonal discounts
- Easily read real customer product reviews & see third-party COA’s
- Convenience of ordering from the comfort of your home
- Typically a better product selection with online shops
- Products left on store shelves can expire if they there isn’t a lot of store traffic
What is the Difference Between Delta-8 THC and Marijuana?
Some of the biggest confusion over cannabis products comes from Delta 8 THC and Marijuana (Delta 9 THC) Gummies. While they’re more similar than different, there are important distinctions you should consider before buying.
Both Delta 8 and Delta 9 THC occur naturally within cannabis plants. Both create psychotropic effects in users called a “high.” And both are chemically very similar. In chemical terms, Delta 8 is an isomer of Delta 9, meaning it possesses the same elements but a different chemical structure.
That difference is important. The change in chemical structure causes the molecules to interact slightly differently in the body. Where Delta 9 slots perfectly into receptors in the endocannabinoid system, Delta 8 doesn’t fit as easily.
The chemical difference means that Delta 8 produces a less potent high. Delta 9 THC creates an intense and heady experience. It can make users feel euphoric, get the giggles, feel hungry, and become tired. Delta 8 creates effects that similar, but less potent.
The high Delta 8 produces is gentler and more clear-headed. It’s also less likely to lead to feelings of paranoia.
Is a Medical Card Needed in South Dakota to Order Delta 8 THC Products?
As Delta 8 products are not regulated there are no medicinal Delta 8 THC products to purchase. Therefore, even with a Medical Card for Delta 9 THC, it’s not necessary to show or have a card to purchase D8 products. It was derived from legal hemp — with less than 0.3% of THC — it falls under the same laws as CBD.
You can buy it without a medical license in all delta 8 THC legal states, including South Dakota.