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Is Delta THC Legal in South Dakota?

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South Dakota Delta-8 THC Overview >
South Dakota Delta-9 THC Overview >
South Dakota Delta-10 THC Overview >

What is Delta THC?

Tetrahydrocannabinol (THC) is a chemical compound listed as a Schedule I controlled substance under Section 34.20B.14 of the South Dakota Codified Laws. THC occurs naturally in various isomeric forms in industrial hemp and marijuana plants. Some common THC isomers are Delta-8 THC, Delta-9 THC, Delta-6 THC, Delta-3 THC, Delta-7 THC, exo-THC, and Delta-10 THC. These THC isomers have physiologic activity when consumed due to their ability to bind to the body's cannabinoid receptors. Delta-9 THC is the most abundant phytocannabinoid in marijuana plants.

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THC vs CBD

According to Chapter 38.35 of the South Dakota Codified laws, industrial hemp and its derivatives that do not contain over 0.3% THC are legal in the state. Cannabidiol (CBD) is one of the physiologically active compounds derived mainly from hemp plants. Although CBD acts on the body's endocannabinoid receptors when ingested, it produces a different feeling from THC, which also binds to the same group of receptors. CBD helps a person feel relaxed without getting intoxicated, whereas THC produces a ''high.'' Nevertheless, CBD and THC can be found in both cannabis and hemp plants.

As provided in Measure 26 (contained in Section 34.20G of the South Dakota Codified Laws), marijuana-derived THC may be used in managing specific medical conditions such as cachexia (wasting syndrome), severe pain, nausea, and seizures. Also, CBD is considered beneficial in treating Crohn's disease, seizures, anxiety, acne, anorexia, chronic pain, dystonia, depression, Parkinson's disease, and heart conditions.

According to Section 34.23.10 of the South Dakota Codified Laws, driving under the influence of marijuana or its derivatives is illegal. Persons suspected of driving while intoxicated may be required to submit to drug tests. CBD can show up on drug tests designed to detect it. However, drug tests do not usually look for CBD because it does not impair physical or psychological capacity after consumption. In contrast, THC is one of the substances screened for during drug tests because of its psychoactive potential. Nevertheless, persons who ingest large quantities of CBD products may test positive for THC because CBD products usually contain trace amounts of THC.

What is Delta-8 THC?

Delta-8 THC is one of the cannabinoids regulated under the provisions of House Bill 1292, contained in Section 34.20B.117 of the South Dakota Codified Laws. It is a psychoactive cannabinoid found in hemp and marijuana plants. When a person consumes a Delta-8 THC product, the compound is processed by liver enzymes into metabolites that can bind to receptors in the endocannabinoid system. Delta-8 THC is highly lipophilic, so the body can store it in fat cells for an extended period, during which its metabolites can show up on drug tests. However, a user’s body metabolism rate, their Delta-8 THC product consumption frequency, and body hydration level can determine whether they will test positive for Delta-8 THC during a drug screening or not. Delta-8 THC can remain detectable for about 90 days in the hair, 30 days in saliva, two days in the blood, and ten days in urine. However, blood screening can detect Delta-8 THC metabolites for up to 25 days in heavy users.

Delta-8 THC provides a similar level of pain relief and relaxation as Delta-9 THC, but users experience less euphoria and cognitive distortions. As a result, persons who do not want pronounced psychoactive experiences after cannabinoid use usually opt for Delta-8 THC products. Furthermore, the physiologic effects of Delta-8 THC are beneficial in treating medical conditions such as depression, anxiety, inflammation, pain, and anorexia. However, Delta-8 THC has some potential side effects such as dry eyes, tremors, increased heart rate, and dry mouth.

Is Delta-8 THC Legal in South Dakota?

Delta-8 THC was approved in the United States through the 2018 Farm Bill (Agriculture Improvement Act of 2018). This Act makes it legal to carry hemp-derived Delta-8 THC products across state lines. South Dakota approved House Bill 1008, contained in Chapter 38.35 of the South Dakota Codified Laws, to regulate the production and sale of hemp and its derivatives (including Delta-8 THC). This law allows South Dakota residents to buy, sell, and use hemp-derived THC products that do not contain over 0.3% of THC. Such products are available online and in local shops. South Dakota residents may purchase hemp-derived Delta-8 THC in formulations such as topicals, edibles, oils, and concentrates. However, Section 38.35.21 of the South Dakota Codified Laws restricts the sale or use of smokable or inhalable Delta-8 THC products derived from industrial hemp. Also, Section 34.20B.117 of the South Dakota Codified Laws specifically prohibits the sale of Delta-8 THC products to state residents under the age of 21.

Delta-8 THC products sourced from marijuana are illegal in South Dakota. This is because marijuana and its derivatives, including Delta-8 THC, are listed as Schedule I controlled substances under Section 34.20B.14 of the South Dakota Codified Laws. Persons caught carrying or selling marijuana-derived Delta-8 THC products in South Dakota risk facing severe legal repercussions. Nevertheless, the provisions of Chapter 34.20G of the South Dakota Codified Laws permit registered medical marijuana patients in the state to use cannabis-sourced Delta-8 THC products for medical purposes. Such products are available in various formulations at medical marijuana dispensaries in the state. According to Section 34.20G.18(3) of the South Dakota Codified Laws, medical marijuana patients cannot smoke Delta-8 THC products in public spaces.

What is Delta-9 THC?

Delta-9 THC is one of the psychoactive cannabinoids in hemp and marijuana plants. It can be detected in a blood test and will show up in during screenings for:

  • 90 days in hair samples
  • Two days in saliva samples
  • One month in urine samples
  • 36 hours in blood samples

Delta-9 THC is found in cannabis in higher amounts than Delta-8 THC and it is also more potent. Some adverse effects associated with Delta-9 THC use are impaired motor skills, mental fog, paranoid delusions, and anxiety. On the other hand, Delta-9 THC can provide relief for people experiencing sleep disorders, eating disorders, and severe pain.

Is Delta-9 THC Legal in South Dakota?

The provisions of Chapter 34.20G of the South Dakota Codified Laws permit state residents to use marijuana-derived Delta-9 THC products for medical purposes. Only persons diagnosed with debilitating medical conditions and registered under the South Dakota medical cannabis program can legally obtain Delta-9 THC products derived from cannabis. Registered medical marijuana patients may consume cannabis-sourced Delta-9 THC in various formulations. However, Section 34.20G.18(3) of the South Dakota Codified Laws prohibits marijuana patients from smoking Delta-9 THC products in public areas.

Furthermore, South Dakota residents cannot bring Delta-9 THC products derived from marijuana into the state because cannabis is a Schedule I controlled substance in the United States. Nevertheless, as stipulated in the 2018 Farm Bill, South Dakota residents may ship hemp-sourced Delta-9 THC products into the state, provided they do not contain over 0.3% THC. Per Chapter 38.35 of the South Dakota Codified Laws, state residents may sell, purchase, and use hemp-sourced Delta-9 THC products containing a maximum THC concentration of 0.3%. Such products can be bought from online vendors, smoke shops, and other local stores in South Dakota. Delta-9 THC is safe for human consumption. Nevertheless, the use of Delta-9 THC products is believed to increase the risk for anxiety, psychosis, schizophrenia, and depression.

What is Delta-10 THC?

Delta-10 THC is a psychoactive cannabinoid found in Cannabis sativa plants in trace amounts. It is safe to consume and can show up on drug tests. However, the detection window for Delta-10 THC depends on the amount consumed, frequency of consumption, and user’s metabolic rate. The typical detection windows of Delta-10 THC products in the body are:

  • 30 days for urine tests
  • 48 hours for saliva tests
  • Three days for blood tests
  • 90 days for hair tests

Although Delta-10 THC exists in plants, Delta-10 THC products are usually manufactured synthetically. Therefore, it is important for persons consuming Delta-10 THC to obtain their products from legitimate sources. Delta-10 THC is believed to offer numerous health benefits such as pain relief, body relaxation, and mental boost. Its psychoactive effect is similar to that of Delta-8 THC.

Is Delta-10 THC Legal in South Dakota?

The provisions of House Bill 1008 legalized hemp-derived products, such as Delta-10 THC, in South Dakota. This Bill allows South Dakota residents to legally purchase Delta-10 THC products from local and online stores, provided they do not contain over 0.3% THC. Furthermore, the US 2018 Farm Bill allows South Dakota residents to ship hemp-sourced Delta-10 THC products containing a maximum THC concentration of 0.3% or carry them when entering the state. Nevertheless, it is unlawful to bring marijuana-sourced Delta-10 THC products into South Dakota because marijuana is illegal at the federal level. According to Chapter 34.20G of the South Dakota Codified Laws, registered medical marijuana patients may legally purchase marijuana-sourced Delta-10 THC products from cannabis dispensaries in the state. Smokable Delta-10 THC products are not available at South Dakota medical marijuana dispensaries.

South Dakota Delta THC Overview