Is Delta-8 Legal in South Dakota?

What Is Delta-8 THC?

Delta-8 tetrahydrocannabinol (THC) is a naturally occurring psychoactive cannabinoid found in marijuana and hemp plants. It is a Delta-9 THC isomer found in trace amounts in cannabis plants and is often synthesized from hemp-derived cannabidiol (CBD). Delta-8 THC products include oils, flowers, vapes, and tinctures.



Delta-8 THC has a milder psychoactive effect than Delta-9 THC and causes a less intense ‘high’. It possesses neuroprotective, appetite-stimulating, and analgesic properties. Some other benefits attributable to Delta-8 THC include preventing vomiting during cancer treatments, improving mental health, and improving sleep quality. However, possible side effects of Delta-8 THC include anxiety, loss of consciousness, increased heart rate, red eyes, memory loss, and paranoia.

Is Delta-8 Legal in South Dakota?

Yes. South Dakota passed HB 1008 in 2020 to legalize hemp in the state. The law was adapted from the United States Agriculture Improvement Act of 2018 (2018 Farm Bill). It permits industrial cultivation and production of hemp, provided its Delta-9 THC concentration level is not more than 0.3% on a dry weight basis. It allows the production of all hemp derivatives, isomers, salts, salts of isomers, and cannabinoids. However, Section 38-35-21 of the South Dakota HB 1008 prohibits the smoking or inhaling of hemp and its products.

Delta-8 THC products are legal in South Dakota as they are mainly derived from hemp plants, and provided they contain no more than 0.3% THC. Several forms of Delta-8 THC can be consumed in the state aside from those inhaled or smoked. Delta-8 THC products like gummies, candies, tinctures, and oils can be purchased from dispensaries and stores by residents. In addition, these products can be purchased online or shipped from other states in line with the 2018 Farm Bill.

Delta-8 vs. Delta-9

Delta-8 THC and Delta-9 THC are cannabinoids found in the Cannabis sativa plant. Delta-9 is the most abundant cannabinoid in marijuana and is responsible for the euphoric feeling experienced after consuming cannabis. Delta-8 THC is a Delta-9 THC isomer. Isomers have similar but not identical molecular structures. Delta-8 THC has a double bond on its eighth carbon while Delta-9 THC has a double bond on the ninth carbon atom. This minor structural variation produces varying and distinct psychoactive effects.

Delta-8 THC and Delta-9 THC both activate CB receptors in the brain to induce psychoactive effects such as euphoria, elation, talkativeness, laughter, and relaxation. Due to the molecular structure of Delta-8 THC, its psychoactive effect is less pronounced than Delta-9 THC. It is about 50-66% as potent as Delta-9 THC.

Another difference is in their production. Delta-9 THC occurs abundantly in the cannabis plant; hence processors can extract it cheaply and easily. On the other hand, Delta-8 THC occurs in trace amounts in the cannabis plants, requiring more resources and time to extract to produce a small amount of concentrate. Hence, processors often use CBD isolates to synthesize Delta-8 THC in commercial quantities.

When taken in moderation, Delta-9 THC is safe for consumption and can help provide relief from pain and manage some medical conditions. However, consuming a high dosage of Delta-9 THC can produce severe side effects such as hallucination, paranoia, nausea, impaired muscle coordination, anxiety, and drowsiness. While consuming high doses of Delta-8 THC also causes side effects, a substantially higher dose is required to cause the same side effects as Delta-9 THC.

Lastly, Delta-8 THC is legal in most states and at the federal level as a result of the 2018 Farm Bill. Delta-9 THC is illegal at the federal level but legalized for medical and recreational use in several states.

Delta-8 vs. Delta-10

Delta-10 THC is also a cannabinoid of the cannabis plant found in trace amounts. Like Delta-8 THC, Delta-10 THC is an isomer of Delta-9 THC. While Delta-8 THC has a double bond in the eighth position on its carbon ring, Delta-10 THC has one in the tenth position of its carbon ring. Delta-10 THC is a recent addition to the THC family of psychoactive cannabinoids. It is typically synthetically manufactured and refined in laboratories. Delta-8 THC and Delta-10 THC offer varying psychoactive effects and are found in trace amounts in the cannabis plant. They can be sold in forms like gummies, vape cartridges, oils, tinctures, and flowers.

Little research has been conducted on the effects of Delta-10 THC on users, but anecdotal evidence shows that it produces a more energetic and less sedating experience than Delta-8 THC. Delta-10 THC also causes less anxiety and paranoia than Delta-8 THC. Delta-8 THC induces more euphoric effects in users and an increased appetite. As a result, Delta-10 THC is better for first-time cannabis users.

Delta-8 and Delta-10 THC are safe to consume and are unlikely to cause side effects when taken in low to moderate doses. However, It is recommended that consumers only use Delta-8 THC and Delta-10 THC products that have been tested and approved by accredited laboratories. When taken in high doses, potential side effects of Delta-10 THC include dry mouth, low blood pressure, and bloodshot eyes.

How Long Does Delta-8 Stay in the Body?

The effects of Delta-8 THC can be felt within 5 minutes and last up to 5 hours after its consumption, depending on the form consumed. Regardless of how long the effects last, its by-products (metabolites) will remain in the body for several days. When Delta-8 THC is consumed, a group of liver enzymes breaks it down into unique metabolites. Most of these metabolites (about 80%) are flushed out of the body system within 5 days, and the remainder will linger in the body for a varying number of days depending on several factors. Factors that determine how long Delta-8 THC stays in the body include:

  • Frequency of use: How often a person consumes Delta-8 THC can determine the length of time its metabolites stay in the body. The more often it is used, the longer the metabolites remain in the system. Delta-8 THC metabolites accumulate in body fat when taken regularly and will take longer for regular users to clear. While infrequent users or first-time users can be clear of Delta-8 THC metabolites within a week, regular users may still have it in their system after 3 weeks
  • Dosage: The quantity of Delta-8 THC consumed will also affect how fast it leaves the body. The higher the dose used, the longer it takes to be completely flushed out from the body system
  • Metabolic rate: Persons with fast metabolism will eliminate Delta-8 THC from their bodies faster than those with low metabolic rates. Consequently, Delta-8 THC may be eliminated from the bodies of younger persons faster than older users
  • Medications: Some medications are known to affect the duration of Delta-8 THC metabolites in the body. Such drugs engage the enzymes responsible for metabolizing Delta-8 THC and thus prolong the time it takes for the body to eliminate Delta-8 metabolites
  • Consumption form: Metabolites from smoked and vaped forms of Delta-8 are eliminated from the body faster than other forms of the THC

Does Delta-8 Show Up on a Drug Test?

Yes. THC drug tests are designed to detect THC metabolites and cannot differentiate between its isomers. Therefore, consumers are advised to abstain from Delta-8 THC products at least 10 days before scheduled drug tests. THC drug tests can be conducted on blood, urine, saliva, and hair follicle samples. A urine test may detect Delta-8 THC between 3 and 30 days after use, depending on the frequency of use. THC can be detected in blood samples for up to 36 hours after use. However, it can be detected in blood samples of heavy users up to 3 weeks after use. A saliva test may detect Delta-8 THC for up to 30 days after use. It is possible to detect Delta-8 THC in hair follicles up to 90 days after last use.

Where to Buy Delta-8 in South Dakota

Delta-8 THC products such as gummies, tinctures, and edibles can be purchased in dispensaries and convenience stores by residents in South Dakota. They can also buy Delta-8 THC products online and have them delivered to their homes. Shopping for Delta-8 THC products online offers consumers a wider range of products and allows them to review qualities of products before buying. There are no age limits for persons buying hemp-derived Delta-8 THC products in South Dakota. However, some stores might not sell to persons under the age of 21.

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South Dakota Delta-8 THC Overview