Is Delta 9 THC Legal in South Dakota?

Some Delta 9 THC products are legal in South Dakota, including our Delta 9 THC gummies and delectable Delta 9 edibles.

 

Let’s explore the history and issues surrounding Delta 9 THC in South Dakota.

Article Jumplinks:

What is Delta 9 THC?

How is Delta 9 THC legal in South Dakota?

How to take Delta 9 THC legally in South Dakota?

Is it legal to buy Delta 9 THC online in South Dakota?

What are the effects of Delta 9 THC?

Which Delta is the strongest-Delta 8 vs Delta 9?

In March, 2020, South Dakota received approval from the U.S. Department of Agriculture (USDA) to implement its state hemp program. With this approval, South Dakota joins the majority of states that have adopted Farm Bill guidelines for hemp and hemp-derived products.

What is Delta 9 THC?

Delta 9 tetrahydrocannabinol (also known as Delta 9 THC or Δ-9-THC) is one of the many forms of THC found in hemp and marijuana plants. Tetrahydrocannabinols (THC compounds) are among the 113 cannabinoids recognized in cannabis.

Delta 9 THC is found in both hemp and marijuana plants. THC in hemp has been a controversial topic in recent years. Hemp plants contain very low levels of Delta 9 THC, but because of their close relationship to marijuana plants, they are often confused with them. This misunderstanding has led to a great deal of confusion and debate surrounding the legal status of hemp products.

All THC compounds produce psychoactive effects and make you feel high at a sufficient dosage, with Delta 9 THC providing the strongest effects. Our Delta 9 products contain THC microdoses: enough Delta 9 for you to experience the many benefits of microdosing THC—without experiencing psychoactive effects.

How Is Delta 9 THC Legal?

Per the 2018 Farm Bill, Delta 9 THC products are Federally legal in the United States, provided they meet the following conditions.

  1. The Delta 9 THC is derived from hemp
  2. Products contain 0.3% or less of THC by dry weight

Following the federal legalization of hemp for industrial purposes, South Dakota followed up with similar state legislation authorizing the commercialization of Delta 9 THC products.The South Dakota House Bill 1008 was signed into law in 2020, which authorized the South Dakota Department of Agriculture to administer a state hemp program and accordingly legalize industrial hemp in consumer products, as well as its large-scale growing and production.

The 2018 Farm Bill

The 2018 Farm Bill authorized the widespread production and commercialization of hemp derived products (including CBD oils, compliant THC gummies, and other products) on a federal level, and removed hemp from the DEA (Drug Enforcement Administration) list of Controlled Substances.

This Bill differentiated industrial hemp from marijuana, which is cultivated for its high THC content. Federally legal hemp products, according to the Farm Bill, must contain less than 0.3% of THC on a dry weight basis, and the source of THC must be industrial hemp.

Even though hemp is legal on a federal level, each state can determine which hemp-derived products are legal in said state. For example, Delta 8 gummies are legal on a federal level but illegal in a number of states.


The 2018 Farm Bill gives states the authority to submit plans to the United States Secretary of Agriculture in order to have primary regulatory control over the production of hemp within their borders. The plans must include procedures for tracking the land on which hemp will be grown, as well as testing, disposal, enforcement, inspection, and certification procedures.

South Dakota House Bill 1008

Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, South Dakota chose to legalize the production and sale of certain hemp-derived THC and CBD products.

In March, 2020, Governor Kristi Noem signed House Bill 1008 into law which legalized the growth, production, and transportation of industrial hemp in the state. The bill brought South Dakota's hemp program in line with federal law as part of the 2018 Farm Bill.

House Bill 1008 allowed people to grow hemp if they have at least five acres and keep THC levels below 0.3%.

Medical Marijuana in South Dakota

The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.

While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.

In 2020, the voters of South Dakota passed Measure 26 and approved medical cannabis. Since then, the South Dakota Medical Cannabis program has been launched and is operational. The Departments of Health and Education have delivered a regulatory program.

South Dakota’s Measure 26 established a medical marijuana program that allows patients, with approval from their doctor, to use marijuana to treat serious health conditions;

allows adults 21 and older to consume and purchase marijuana from well regulated, state-licensed businesses; raises tax revenue from sales of non-medical marijuana to invest in South Dakota’s public education system.

According to South Dakota state regulations:

  • Patient possession limits: medical marijuana patients may possess up to three ounces of cannabis including other allowable products.
  • Home cultivation: up to three plants. In certain circumstances, a physician may authorize a patient to cultivate greater quantities.
  • Caregivers: all caregivers must submit the proper required documentation to the State Department of Health.

Recreational marijuana is illegal in South Dakota.

Industrial Hemp Plan

Sec. 38-35- 1 Definitions—THC, Cannabis, Industrial Hemp

The following terms used in this plan mean:

(1) “Acceptable hemp THC level,” The acceptable hemp THC level for the purpose of compliance with the requirements of the State hemp plan is when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3% or less;

(3) “Cannabis,” A genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the total delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined;

(6) "Hemp" or "industrial hemp," 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 total delta-9 tetrahydrocannabinol concentration of not more than three- tenths of one percent on a dry weight basis;

(8) "Industrial hemp product," A finished manufactured product, or consumer product containing cannabidiol that is packaged for individual sale, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp;

Sec. 2. That subdivision (12) of § 34-20B-1 be amended to read:

(12)   "Marijuana," all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant, or cannabidiol, a drug product approved by the United States Food and Drug Administration;

Sec. 3. That the code be amended by adding a NEW SECTION to read:

For the purposes of this Act, industrial hemp or hemp, is 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.

In other words, similar to the Farm Bill specifications, Delta 9 THC products can be sold in South Dakota if they meet the following criteria:

  1. Delta 9 THC in the product is derived from hemp
  2. The product contains 0.3% or less of THC by dry weight

Hemp Derived Delta 9 vs Delta-9

There is no scientific difference between Delta-9 obtained from hemp and Delta-9 derived from marijuana. Hemp and marijuana are both types of the Cannabis sativa plant. They also share many of the same chemicals, such as CBD and Delta-9. There are two primary methods through which hemp-derived Delta-9 THC is manufactured.

Hemp Isomerization

One method is isomerization, in which manufacturers use chemical processes to turn hemp-derived CBD into Delta-9. Most manufacturers employ isomerization to generate Delta 8, Delta-10, and other common THC isomers. Delta-9 THC obtained in this manner is referred to as hemp-derived rather than hemp-extracted.

Delta 9 Extraction

Another popular technique is to take natural Delta-9 extract from hemp. This can happen during the distillation of other cannabinoids, such as CBD. As this method literally extracts Delta-9 from hemp, it’s referred to as hemp-extracted THC Delta-9.

Both methods remain legal ways to produce hemp Delta 9.

How to Take Delta 9 THC Legally in South Dakota?

Federal law, as well as South Dakota state hemp law, permits the cultivation of industrial hemp and the manufacture of hemp products such as CBG gummies, CBD oils and CBG oils. It’s easy to find Delta 9 products that are derived from hemp and legal in South Dakota.

THC products—such as THC concentrates,THC tinctures, THC edibles, and THC gummies—are incredibly popular, and totally legal both for recreational and medical use. nama CBD offers a wide spectrum of THC gummies, CBD ashwagandha gummies, and full spectrum CBD products that contain Delta 9.

All our Delta 9 THC products are South Dakota legal as well as Federally legal. Whether you live in Rapid City, Pierre, or Deadwood, you can easily buy Delta 9 THC products from nama CBD online.

Also see our guide on where to buy Delta 9 edibles and gummies in South Dakota.

To buy legal Delta 9 THC gummies, edibles, Delta 9 THC drinks, and sleep drops, shop our online store today!

Can I Buy Delta 9 Online in South Dakota?

If you’re looking to buy legal Delta 9 THC edibles in South Dakota, you’re in luck. All our Delta 9 gummies, as well as our edibles that don’t contain Delta 9, are derived from hemp and are legal on a federal level, as well as in the State of South Dakota. We offer free shipping for our Delta 9 THC products to anywhere in South Dakota, including Sturgis, Aberdeen, Mitchell, and everywhere else across the state.

Our products go through a rigorous third party testing process, with lab results for each product available on our website. Our gummies are vegan, flavored with fruit, and infused with the finest American hemp.

Delta 9 THC Effects

The effects of Delta 9 THC will vary from person to person. Previous experience with THC and the dosage you take will dictate how Delta 9 will affect you. THC users report feeling the following effects to varying degrees, depending on dosage taken:

  • euphoria
  • talkativeness
  • relaxation
  • an increase in appetite
  • perception changes

Microdosing Delta 9 THC—for example, taking a single gummy from nama CBD—has proven to provide all sorts of benefits. For example, low doses of THC have been shown to improve sleep for many users.

Delta 8 vs Delta 9

When seeking to understand the differences between Delta 9 vs Delta 8 THC, note that both deltas are cannabinoids found in hemp and marijuana plants.. While both Delta 8 THC and Delta 9 THC interact with the body's endocannabinoid system and offer a variety of potential benefits, they each have their own unique effects.

 

Delta-9 THC is the most well-known type of THC cannabinoid product. It is the main psychoactive component in cannabis, and it is responsible for the plant's signature "high." Hemp Delta 9 THC as a more potent Delta strain of THC is also known for its medical benefits, which include pain relief, anti-inflammatory effects, and more.

A Delta 8 product is less potent than Delta 9 products, making it a good choice for those who are new to cannabis or looking for a more gentle experience.

In terms of medical benefits, both cannabinoids have been shown to be effective at reducing anxiety and pain.

Delta 8 THC products are sometimes used to treat cancer patients who are undergoing chemotherapy, as it can help to reduce nausea and vomiting. It is also being studied as a potential treatment for Alzheimer's disease and other forms of dementia. Delta 8 has also been shown to help with nausea and appetite loss, while Delta 9 products can improve focus and concentration.

 

However, more research is needed to confirm the efficacy of Delta 8 THC and Delta 9 in these potential applications.

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THC Products—Delta 9 Gummies

Our Delta 9 gummies are vegan and made from high-quality American hemp. Choose the perfect edible for you from an array of flavors and potencies we offer. No matter which gummy you get, you can rest assured that the product you receive is made from natural ingredients and legal across the US (including South Dakota).

Full Spectrum CBD Products with Delta 9 THC

In addition to Delta 9 edibles, we offer vegan CBD gummies that contain Delta 9 THC. Cannabidiol (CBD) is a naturally occurring compound found in hemp and cannabis that provides countless benefits without inducing a high.

Full spectrum CBD gummies contain both CBD and Delta 9 THC to encourage an entourage effect. This means the benefits of each compound are more pronounced. If you are looking for gummies to help you fall asleep, full spectrum gummies should be your top choice.

 

If you want hemp gummies that don’t contain THC, we also offer different CBD edibles like CBD gummies for sleep, and melatonin gummies with CBD. We also offer CBN gummies.

FAQ on Delta 9 South Dakota Legality

How strong is Delta-9 THC?

The strength of Delta 9 and its effect on a person depends on 2 factors:

  1. The dose of Delta 9 taken
  2. How accustomed the consumer is to taking Delta 9 THC

Additionally, the following factors also influence how Delta 9 affects the person taking it:

 

  • What is the consumption method? Some THC substances travel through the lungs and become accessible more quickly (like vaping or smoking). Some products must be digested (like edibles, gummies, oils, or capsules). These various forms may influence how long it takes to affect your brain and how powerful Delta 9 will affect you. Some forms of consumption have a quick and intense impact, while others have a longer, constant, and less obvious psychoactive effect.
  • What is the quality of the Delta 9 used? Is it pure? Is it saturated with chemicals or other substances? What percentage of Delta 9 THC is consumed? Higher levels have far greater impacts.
  • How often is the product used? If you take Delta 9 THC and other cannabinoids on a daily basis, they will remain in your system and influence how responsive you are to new inputs of Delta 9.

Are Delta 9 gummies legal in South Dakota?

Yes, Farm Bill compliant Delta 9 gummies are legal in South Dakota. You can buy Delta 9 gummies online or in-store without any restrictions, so long as they meet the following conditions:

  1. The THC must be derived from the hemp plant rather than the marijuana plant
  2. THC concentrations must not exceed 0.3% by dry weight

 

All our Delta 9 gummies are legal for you to buy in South Dakota. Shop our products online now!

 

What is stronger, Delta 9 or Delta-8?

Generally, Delta 9 THC is stronger than Delta 8 THC. According to a recent study, the effects of Delta 8 are much milder, with participants comparing this compound to ‘Delta 9’s younger sibling’. Due to their milder effects, Delta 8 gummies are a great choice for people new to products containing hemp.

 

Is Delta 8 THC legal in South Dakota?

Yes, you can buy Delta-8 THC products in South Dakota. All Delta 8 THC products are legal to buy in South Dakota under state law, according to South Dakota House Bill 1008, which was passed in 2019. This bill makes it legal to consume, possess, sell, distribute, buy, and produce hemp and hemp-derived Delta-8 without penalty or punishment.

 

Delta-8 products are available in South Dakota both online and in physical stores.

CBD produced from hemp is legal and widely accessible throughout the state. Delta-10 and other THC isomers, and HHC products are allowed as well.

 

Is Delta-9 legal in all states?

In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound Delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).

 

These products are now legal in 48 states which essentially follow the Farm Bill when it comes to Delta-9 legalization. Idaho and Kansas are the only two states where hemp Delta 9 is explicitly banned.

 

What states can you get Delta-9?

Although the baseline law for legality of Delta 9 products is the 2018 Farm Bill, which most states simply transcribe into their state laws, some states have taken different approaches. Some states keep hemp Delta 9 as legal, others restrict Delta 9 through regulation or outright banning it.

 

Hemp-derived Delta 9 products are legal in 42 states, plus Puerto Rico and D.C., with these states essentially following the Farm Bill when it comes to Delta-9

 

Hemp-derived CBD products are legal in Kansas but only if they contain 0% Delta-9 THC.

 

Idaho is the only state where hemp delta-9 is explicitly banned.

 

You can buy nama CBD Delta 9 products legally in the following states (in addition to South Dakota)

 

Is Delta 9 an indica or sativa?

Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.

 

Is Delta 9 federally legal?

The Farm Bill that was passed in 2018 made it legal in the United States to grow and sell hemp-derived products that contain 0.3% or less Delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.

However, some states have additional restrictions on Delta-9 THC, and California is the only state with general restrictions on hemp-derived Delta-9 THC. These restrictions involve testing requirements and packaging restrictions.

 

Despite these restrictions, hemp Delta 9 products are still legal in 48 states, making them widely available to consumers across the country.

 

Do Delta 9 Gummies show up on a drug test?

Yes, even if you consume legal Delta 9 Gummies, you may fail a drug test. If you only took Delta 9 once, it will likely be cleared from your urine in four days or less. If you have taken it habitually, it can take a month or more to clear your system for a drug test.

 

Can I fly with Delta 9 gummies?

Yes, you can fly to and from 48 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in your destination country will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.

 

Is hemp derived Delta 9 legal, South Dakota?

Yes, hemp derived Delta 9 is legal and available to buy online in South Dakota. Buy Delta 9 products online from nama CBD. Shop now!

Avoid purchasing hemp Delta 9 THC products from any unauthorized merchant, including strangers on the internet, on social media outlets, or forums. The risk of purchasing a fake product is significantly high. Furthermore, businesses that sell hemp-infused items must be registered with the state.

 

Is Delta-10 legal in SD?

Yes, Delta 10 THC is legal in South Dakota. As with Delta 8 and Delta 9, products containing less than 0.3% of hemp-derived Delta 10 by dry weight are legal under federal law.

The legality status of Delta 10 in South Dakota is subject to change, so it’s important to stay informed and understand the law around industrial hemp and its byproducts if you plan on consuming Delta 10, or any other THC product.

 

Is THC-O legal in South Dakota?

THC-O is currently legal in South Dakota. Although it is federally legal, THC-O is not legal in all US states, and many have revoked its legal status in recent years due to its potency. If you consume THC-O in South Dakota, keep track of any changes to hemp industry laws that may jeopardize its legality status.

 

Does Delta 9 show up on drug tests?

Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.

 

Does Delta-9 get you stoned?

At a high enough dosage, Delta 9 THC can get you “high” or “stoned.” Our Delta 9 gummies are a type of cannabis-infused candy that contain lower doses of Delta 9 THC. Our Delta 9 gummies will not make you high if you follow our recommended dosage—but you will experience the beneficial effects of Delta 9 microdosing.

 

The effects of Delta 9 products can vary depending on the person, with factors such as genetics, tolerance levels, and other variables playing a role. However, generally speaking, Delta 9 THC is known for causing relaxation, euphoria, and increased appetite. If you're new to Delta 9 gummies, it's important to start with a low dose and see how you react before consuming more.

 

Which weed strains are best for focus?

There are a number of weed strains that seem to improve anxiety and focus, including Blackberry Kush, Charlotte’s Web, and Granddaddy Purple.

Our hybrid Delta 9 THC, included in our gummies and edibles, also seems to help our customers with anxiety and focus, and is in low enough doses that they don’t get high.

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