You Can Buy Delta 8 THC Online in South Dakota if You’re Over 21

Delta 8 South Dakota

You’ve probably heard about delta 8 THC as the new, legal THC product that’ll give you a high. However, there’s more to this cannabinoid than the euphoric feeling it offers. D8 THC provides an array of benefits unique to its nature that could potentially help with nausea, pain, and anxiety. 

But is it legal? Let’s look at the legal status of delta 8 in the Mouth Rushmore State. 

Last Update: June 3, 2024


  • Hemp-derived delta 8 THC is legal in South Dakota. The state legalized hemp under HB 1008 and aligned state and federal law.
  • You can order delta 8 THC products online in this state if you are 21 years of age and older.
  • South Dakota doesn’t explicitly ban the sale and possession of delta 8 THC. Under state law, hemp-derived THCs are exempt from the definition of marijuana.
  • Mr. Hemp Flower offers a range of premium, hemp-derived delta 8 THC products for the South Dakota marketplace. You can order online the best gummies, pre-rolls, and flower coated in D8 oil.

Is Delta 8 THC Legal in South Dakota?

Yes, hemp-derived delta 8 THC is legal in South Dakota.

After the enactment of the 2018 Farm Bill, the state legalized the hemp plant and all parts of the plant, including extracts, cannabinoids, isomers, salts, salts of isomers, and other derivatives under HB 1008

Soon after, the state passed a bill (HB 1292) limiting delta 8 sales to adults aged 21 and older.

Unlike other states, South Dakota doesn’t explicitly ban the use and possession of D8 THC.

The Mount Rushmore State specifically removed “hemp” from the definition of marijuana and doesn’t mention the cannabinoid in the Controlled Substances Act. Marijuana is still a controlled substance in South Dakota, but recently, they’ve been slowly progressing toward its legalization. 

There are no possession limits or age restrictions for hemp-derived products in South Dakota. But, because D8 THC can get the user intoxicated, most retailers sell it to individuals below 21.

Read more: State-by-State Legality of Delta 8 THC

Where to Buy Delta 8 THC in South Dakota?

The best way to find premium delta 8 THC is to order online.

Receiving your products in the mail without having to leave your house is incredibly convenient. 

It’s important to choose a reliable brand that offers tested products that have been screened for quality. Mr. Hemp Flower is one of the few brands on the market that offer properly tested D8 THC products. With each product comes a detailed Certificate of Analysis that content data on levels of each cannabinoid present in the product. 

If you decide to purchase D8 products locally, make sure to ask for a Certificate of Analysis. If the vendor can’t provide one, or the report they provide is incomplete, consider it a red flag and try to find a more reliable store. In general, we recommend avoiding unlicensed places like gas stations and convenience stores.  

Why Mr. Hemp Flower? 

We rely on the science of hemp to create our products, hence our extensive collection of full spectrum and whole-plant hemp items. All products are made from legal hemp grown by licensed USA farmers and are tested and screened for quality. 

Delta-8 THC is legal in South Dakota, so you can order any D8 product from our website, including delta-8 THC gummies, soft gel capsules, hemp flower, D8 pre-rolls, and so much more.

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a minor hemp cannabinoid and an analogue of delta 9 THC, or the primary intoxicating compound in cannabis. This means that the two cannabinoids have an almost identical molecular structure.

Research shows that D8 THC exhibits a lower psychotropic potency than its “sister” cannabinoid delta 9. In fact, researchers estimate that D8 is roughly half the potency of D9 when taken at the same dose. Users love D8 because it gives them a milder, clear-headed “intoxication” that doesn’t make them paranoid or intensely anxious. 

Delta 8 THC and Federal Law 

The legal complexity of delta 8 THC comes from two main things: 

  1. The way it can be synthesized in a lab from hemp-derived CBD
  2. The DEA’s Interim Final Rule on the implementation of the 2018 Farm Bill

The Farm Bill focuses solely on defining the levels of delta 9 THC in hemp and hemp products and makes no mention of D8 THC. When the Rule was released in August 2020, it made waves in the industry because it states that the Farm Bill has no impact on synthetically derived cannabinoids. 

The Interim Rule also states that “all synthetically derived tetrahydrocannabinols remain schedule I controlled substances.” The DEA has yet to issue the final rule, but it’s expected to maintain its stance. 

Experts are currently debating the possibility of D8 THC that’s made from hemp-derived cannabidiol to be considered “synthetically derived.” 

Delta 8 THC naturally occurs in the hemp plant in trace amounts (less than 0.1%). However, such low concentrations make the natural extraction process a financial burden to manufacturers. As an alternative, they use a chemical process that can convert CBD into D8. 

The federal legality of D8 derived from CBD depends on whether D8 made this way will be considered “synthetic.” The issue is that federal law doesn’t define the term “synthetic,” which leaves room for the DEA to consider D8 derived from CBD a “synthetic tetrahydrocannabinol.” 

Most experts agree that “synthetic” cannabinoids are created from non-organic sources, in a lab, which is not the case with D8 THC. For now, this cannabinoid rests in a legal grey area that allows businesses to successfully maneuver production and distribution until it gets regulated.   

Final Thoughts

Delta 8 THC is legal to buy in South Dakota. The Mount Rushmore State hasn’t explicitly banned the manufacture, distribution, and sale of hemp-derived D8 products. Residents of South Dakota can order an array of D8 THC products online safely and discreetly. 

Delta 8 South Dakota Laws

Be Sure to Check Out: 

Our Delta 8 THC Products

Delta 8 THC Gummies

All Delta 9 THC Products


It is! South Dakota hasn’t explicitly banned the manufacture, distribution, and sale of D-8 THC products. The state’s hemp law legalized all hemp cannabinoids and derivatives, including D-8.

The best alternative is to order online. The market operates in a legal grey area, so you’ll find it much more convenient to get your products in the mail.

Get it till it’s available! Residents of Mount Rushmore State can shop for D-8 products online safely and discreetly.

No, so far, 15 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington. 

It is safe. But, its safety depends on how it’s been made. So, it’s essential to aim for products that have been tested for quality.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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