Is Delta-9 Legal in South Dakota?

What Is Delta-9 THC?

Delta-9 THC is the principal psychoactive cannabinoid found in cannabis plants. THC is a group of cannabinoids commonly found in cannabis plants. Delta-9 THC is chiefly responsible for the high experienced by those consuming cannabis for recreational purposes. Some side effects experienced by Delta-9 THC users include dry mouth, paranoia, increased heart rate, increased blood rate, and the munchies. Note that the effects experienced upon consuming Delta-9 THC vary from person to person.



Delta-9 THC also has medicinal benefits and is sometimes used in the management of seizures, chronic pain, inflammation, damage to the nervous system, multiple sclerosis, lupus, amyotrophic lateral sclerosis, and the symptoms of HIV and AIDS. Federally, Delta-9 is only legal in small doses pursuant to the 2018 Farm Bill, which legalized hemp products containing up to 0.3% Delta-9 THC. Delta-9 products include oils, gummies, lotions, vapes, and edibles.

Is Delta-9 Legal in South Dakota?

Currently, only hemp-derived Delta-9 THC can be sold or purchased in South Dakota by all residents. Hemp-derived Delta-9 THC was legalized in the United States following the passage of the Agricultural Improvement Act of 2018. In 2020, South Dakota adapted this federal Act into a state bill as HB 1008. HB 1008 legalized the production, sale, and consumption of hemp and hemp derivatives containing no more than 0.3% Delta-9 THC.

Marijuana-derived Delta-9 THC is permitted under South Dakota's Initiated Measure 26 for medical marijuana patients. Per Initiated Measure 26, qualified medical marijuana patients can possess up to 3 ounces of Delta-9 THC products.

What is the Difference Between Delta-8 and Delta-9 THC?

Delta-8 is an isomer of Delta-9 THC; hence, It is similar to Delta-9 THC in molecular structure. As Delta-8 is structurally identical to Delta-9 THC, it also shares the same psychoactive properties and can therefore get users high. The critical difference in the chemical structure between Delta-8 and Delta-9 THC is the position of a double bond in their chemical structures. Delta-9 has a double bond at the ninth carbon position of the central ring structure, while Delta-8 has this bond at the eighth carbon.

Both Delta-8 and Delta-9 are found in cannabis plants. However, Delta-9 is, by far, the most abundant Delta THC compound. Delta-9 THC levels have been measured as high as 30% in specific cannabis strains. However, Delta-8 has rarely been found in concentrations higher than 1% in raw cannabis. Typically, Delta-9 THC is found in marijuana plants, whereas Delta-8 THC is usually obtained from hemp plant parts.

The side effects of Delta-8 THC and Delta-9 THC are comparable, with Delta-9 THC users reporting a higher rate of experiencing unwanted effects. Dizziness, sleeplessness, paranoia, red eyes, dry mouth, and an elevated heart rate are the most prevalent adverse effects of both THC compounds. Consuming higher doses of either compound increases the likelihood of experiencing adverse effects. Due to Delta-9's higher potency at any given dose, it is more likely to cause side effects than Delta-8 THC.

Delta-9 vs Delta-10

Delta-10 THC is a recently discovered isomer of Delta-9 THC and only occurs in trace amounts in cannabis plants. Like Delta-8 and Delta-9, Delta-10 interacts with the endocannabinoid system in the body, through the CB1 and CB2 receptors, and produces psychoactive effects. With research still insufficient on Delta-10 THC, most of the information available on the compound is obtained from anecdotal data.

Delta-10 derives its name from the location of a double bond on the tenth carbon ring of its molecular structure. Although occurring naturally in cannabis, especially hemp plants, the quantities of Delta-10 THC are too low for quick extraction by cannabis processors. Hence, during the cannabinoid distillation process, chemical additives are added to the double bonds of other THC isomers and cannabinoids to obtain Delta-10 THC.

Compared to Delta-9 THC, which induces an intoxicating high in users, Delta-10's effects on users are much milder, even milder than Delta-8's effects. Delta-10 users usually experience energizing effects which boost productivity. Many first-time cannabis users prefer Delta-10 as it provides a gentle high without the side effects of Delta-9 THC, which may impair coordination.

With Delta-10 THC commonly derived from hemp plants, most Delta-10 THC products are legal under the 2018 Farm Bill, which legalized hemp plant derivatives containing no more than 0.3% Delta-9 THC.

How Long Does Delta-9 Stay in Your System?

Delta-9 THC metabolites may remain in the body and be detectable by a blood or urine test for anywhere from 2-30 days. With a saliva test, Delta-9 THC metabolites may be detected for up to 72 hours after use. Alternatively, THC metabolites may be found in the hair sample for up to 90 days after Delta-9 THC consumption. Note that other factors may shorten or extend the detection windows of THC drug tests. Some of these factors include:

  • Use Frequency: Regular and heavy users of Delta-9 THC products will have Delta-9 THC metabolites remain in their bodies much longer than in persons who consume Delta-9 products occasionally
  • Age: Young adults tend to break down substances like THC more quickly than older adults. Hence, if an older adult takes the same dose as a younger adult, the older adult may get a positive test result, while the younger adult's result may return negative
  • Consumption Method: THC metabolites remain in the body longer when Delta-9 THC is consumed as an edible compared to when vaped
  • Metabolic Rate: Persons with faster metabolism rates will get rid of Delta-9 THC metabolites from their systems more quickly than individuals with slower metabolism rates
  • Dose: The higher the Delta-9 THC dose consumed, the longer THC metabolites stay in the body. Therefore, Delta-9 THC will remain longer in the body if consumed frequently or heavily
  • Other Medications: Some medications contain compounds that hinder the breakdown of Delta-9 THC by the liver. Users taking such medications while consuming Delta-9 THC will experience slower THC metabolites breakdown than individuals who are not taking such medications

Where Can I Find Delta-9 Gummies in South Dakota?

Delta-9 gummies derived from hemp plants containing no more than 0.3% Delta-9 THC are permitted to be sold and purchased in South Dakota. You may only purchase Delta-9 gummies containing more than 0.3% Delta-9 THC if you are registered under the state medical marijuana program. Delta-9 gummies are safe for consumption and may cause a euphoric high if they contain more than 0.3% Delta-9 THC and are taken in high doses. However, hemp-derived Delta-9 gummies are unlikely to induce psychoactive effects in users. Medical marijuana patients may purchase marijuana-derived Delta-9 gummies from approved medical marijuana dispensaries. However, hemp-derived Delta-9 gummies are available from hemp shops, gas stations, convenience stores, and online cannabis stores.

Typically, online stores have broader selections of products as these stores usually offer Delta-9 gummies in various flavors. You can also review previous buyers' comments and access third-party laboratory test results of the products on sale before ordering them online.

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South Dakota Delta-9 THC Overview