The possession and use of hemp-derived products with less than 0.3% THC is legal in South Dakota. Does that mean you can freely buy the new hemp delta 9 gummies in South Dakota? Are they truly legal? Let’s take a closer look.
Last Update: November 3, 2023
- Hemp-derived delta 9 gummies with less than 0.3% THC are legal in South Dakota.
- You can lawfully order delta 9 gummies compliant with state and federal law online without restrictions.
- Smokable hemp products are banned in this state, while ‘industrial hemp products’ with less than 0.3% delta 9 are regulated under HB 1008.
- South Dakota’s law doesn’t have specific provisions about adding CBD to food. CBD-infused gummies are not explicitly banned in this state.
- Cannabis is legal for medical but illegal for recreational purposes in South Dakota.
Where to Buy Hemp Delta 9 Gummies in South Dakota?
You can order our brand new Delta 9 THC gummies in South Dakota online.
Our hemp gummies are made with THC derived from federally compliant buds with less than 0.3% delta 9. Each gummy is infused with whole-plant hemp extract that contains delta 9 THC and cannabidiol (CBD).
You can find THC gummies in local South Dakota shops, but it’s best to order online. Mr. Hemp Flower specializes in whole-plant hemp extracts and offers better pricing and seasonal discounts compared to local shops. We manufacture our own items, so you can rest assured you’re buying directly from the maker.
But most importantly, these gummies excel in potency, quality, and effectiveness compared to other gummies on the market. We’re bringing you a whole-plant hemp extract that incorporates the entire hemp plant profile in a gummy. Aside from the major cannabinoids like THC and CBD, this extract contains minor cannabinoids and an array of terpenes.
Each gummy is evenly distributed with pure and potent, cannabinoid-rich oil and comes in two delicious flavors, Watermelon and Blue Raspberry. If you’re a beginner, a single bite is all you need to come back down to earth and let the world melt away after a hard week at work. Half a gummy is also enough to get a good night of sleep without the inconvenience of smoking or vaping.
Are Hemp Delta 9 Gummies Legal in South Dakota?
Yes, full spectrum hemp-derived delta 9 gummies with less than 0.3% THC are legal in South Dakota.
The confusion around the legality of hemp-derived products with less than 0.3% THC in South Dakota comes from the collision between two bills passed in the state. The state passed Senate Bill 95 in 2019, classifying cannabidiol (CBD) as a Schedule IV controlled substance.
State law defines Schedule IV drugs as having “low potential for abuse, currently accepted medical use in the United States, and limited physical dependence or psychological dependence liability or potential.”
Later on, in March 2020, the state passed House Bill 1008, legalizing the cultivation and processing of hemp with less than 0.3% THC. This bill didn’t mention anything about legalization of CBD products, nor it amended its position as a classified substance.
But, the bill does legalize “industrial hemp products” with less than 0.3% delta 9 THC. In addition, there are no specific provisions for adding CBD to food, but these products are not explicitly prohibited in this state.
Smokable hemp and vape products are illegal in South Dakota and punished by a Class I misdemeanor.
Read more: State-by-State Hemp Delta 9 Legality Guide
What is Hemp-Derived Delta 9 THC?
Legal delta 9 THC is derived from hemp flower, the federally compliant cannabis variety with less than 0.3% delta 9. THC naturally occurs in both cannabis varieties — hemp and marijuana. Marijuana is illegal on a federal level, so this compound is also unlawful when derived from high THC cannabis.
While THC’s legal status depends on the source of extraction (hemp vs. marijuana), that’s insignificant when it comes to its effects. According to research, moderate doses of THC are beneficial and can help with pain, inflammation, nausea and vomiting, and lack of appetite.
Legal Delta 9 THC and Federal Law
Under the Farm Bill of 2018, delta 9 THC derived from hemp is legal on a federal level. The two main restrictions around this are that it has to come from hemp and in a concentration of no more than 0.3%. When the bill legalized hemp, it also removed ‘THC in hemp’ from the list of controlled substances.
The bill defined hemp as:
“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 .”
The bill distinguishes hemp (less than 0.3% THC) and marijuana (high THC content). Therefore, marijuana continues to be an illegal substance on a federal level, together with delta 9 derived from high THC cannabis.
THC gummies are made with a hemp-derived extract that contains less than 0.3% delta 9 THC, so they are legal federally. However, they also have other cannabinoids, including CBD — which remains unregulated federally. The Farm Bill authorized the US Food and Drug Administration (FDA) to set rules around the use of CBD in food and beverages.
The industry has been waiting for the agency’s response on CBD to change, but unfortunately, it remains the same. The FDA hasn’t approved CBD in foods and beverages due to lack of research. Despite that, the federal agency tolerates it, so manufacturers continue to sell this cannabinoid without marketing it under health claims or as a dietary supplement.
Be Sure to Check Out:
Delta-9 THC FAQ
Is Delta 9 legal in all 50 states?
Yes, delta 9 THC is legal in all 50 states when derived from hemp and is present in the product in a concentration of no more than 0.3%.
What is stronger, Delta 9 or Delta 8?
Delta 9 is more intoxicating than delta 8 THC. Research shows that delta 8 THC is twice less potent than delta 9 and exhibits milder effects.
Will Delta 9 get you high?
Yes, delta 9 will get you high. As the primary psychotropic cannabinoid in cannabis, this compound influences the receptors in the brain and has strong intoxicating properties.
Does hemp have Delta 9?
Yes, hemp contains delta 9. Under the federal Farm Bill of 2018, hemp is a legal plant with less than 0.3% THC.
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.