Is Delta 8 THC legal in South Dakota?
Delta 8 THC is legal, according to South Dakota state law. This includes delta 8 gummies, delta 8 carts, delta 8 oil, delta 8 flower, and delta 8 distillate.
Like federal law, South Dakota specifically legalized all derivates, cannabinoids, and hemp isomers, including all other than delta 9 THC.
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2019 HOUSE BILL 1191
Section 1. That subdivision (7) of § 22-42-1 be amended to read:
(7) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such the plant;
Section 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;
Section 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.
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