Hemp Laws & Licensing · SD
South Dakota hemp laws & licensing
At a glance
- Retail license / registration required?
- No — South Dakota has no license or registration for selling finished hemp/CBD products at retail or online and sets no…
- Minimum age
- 21+
- State THC caps (hemp products)
- No state cap stated
- Hemp-derived THC products · online sales
- Legal (with the state's rules) · online: Allowed
- Key law
- SD HB 1125 (2024) (SDCL ch. 38-35); SB 45 (2026) under-21 sales ban; SB 39 (2026) — effective July 1, 2024
The law today
South Dakota has no license or registration for selling finished hemp/CBD products at retail or online and sets no state age limit or per-serving THC cap; only growing and processing raw hemp require DANR licenses in 2026. Since HB 1125 (2024) it is illegal to chemically modify or convert hemp or sell chemically modified/converted hemp products (delta-8, delta-10, HHC, THC-O, etc.), and SB 39 (2026, signed 2026-03-18) writes those bans into the definition of industrial hemp products.
SB 39 also repeals the state hemp licensing program effective 2027-01-01, after which only USDA-licensed producers may grow hemp in SD and processors are no longer state-regulated.
Who regulates it
Grower and processor licensing under the state plan through 2026; program repealed effective 2027-01-01 (SB 39, 2026), after which growers license through USDA
Hemp producer licensing for SD growers from 2027-01-01
Licenses & registrations
- Who needs it
- Anyone growing or processing industrial hemp in SD during 2026
- Fee
- Grower: $50 application + $500 license (15 months) + $250 inspection per lot; Processor: $50 application + $2,000 license
DANR Industrial Hemp fee structure (PDF)danr.sd.gov (opens in a new tab)
- Who needs it
- Grower and processor applicants
- Fee
- Not stated on the official page
- Who needs it
- Hemp growers once the state program ends 2027-01-01
- Fee
- USDA charges no license fee
The law
- SDCL Chapter 38-35 – Industrial Hempsdlegislature.gov (opens in a new tab)
- SB 39 (2026) – revise provisions relating to industrial hemp (repeals state licensing program; bans delta-8, delta-10, THC-O, HHC, THCP in hemp products; effective 2027-01-01)sdlegislature.gov (opens in a new tab)
- SB 39 session law text (2026 Session Laws ch. 167, signed 2026-03-18)mylrc.sdlegislature.gov (opens in a new tab)
- HB 1125 (2024) – prohibits chemical modification/conversion of industrial hemp and sale of chemically modified hemp productssdlegislature.gov (opens in a new tab)
- ARSD 12:82 – Industrial Hemp administrative rulessdlegislature.gov (opens in a new tab)
Testing & COAs
No state-specific COA page was found for South Dakota; the federal sampling and lab rules on the main page apply, and the licensing pages above carry any state testing rules.
Need a lab? COA analysis partners
Steps to a compliant hemp business in South Dakota
- 1
Register the business with the SD Secretary of State and obtain a SD sales tax license from the Department of Revenue
- 2
For growing/processing in 2026: apply to DANR (grower $50 + $500 + $250 per-lot inspection; processor $50 + $2,000)
- 3
For growing from 2027: obtain a USDA hemp producer license through the USDA HeMP portal (no state license)
- 4
For finished products: sell only naturally derived hemp products ≤0.3% delta-9 THC; do not sell delta-8/delta-10/HHC/THC-O/THCP or other chemically converted cannabinoids
- 5
Keep COAs from an accredited lab for every product and prepare for the federal 0.4 mg total THC per-container limit (eff. 2026-12-11)
On Good Hemp Distro
Recreational (21+) market in South Dakota
Open on GHDThe Recreational (21+) market is open on Good Hemp Distro for shoppers in this state (21+ only).
Live status — it changes as state rules are verified and as the federal cutoff approaches. Everyday Hemp, Industrial and Services products are available everywhere.
Sources & verification
- Verified
- September 29, 2026 — every official link above was fetched and checked on that date.
- Confidence
- High confidence — Official pages verified; law summarised from primary sources.
- Research notes
- sdlegislature.gov is a single-page app: bill IDs 26684 (SB 39, 2026) and 24425 (HB 1125, 2024) were confirmed via the LRC API. DANR's page had not yet been updated to mention the 2027 program repeal at verification time.
- Good Hemp Distro market notes
- Naturally derived hemp delta-9 products legal for adults; chemically converted cannabinoids (delta-8/10, THC-O, HHC) banned; non-inhalable forms only; sales to under-21 a misdemeanor from 2026-07-01. SB 61 (0.4 mg ban) stalled. (Recreational (21+) state dataset, version 2026-09-28)
Cited sources
- Bill to ban sale of pot-like Delta-9 to minors is on path to easy passage (South Dakota Searchlight)southdakotasearchlight.com (opens in a new tab) · 2026-01-20
“Hemp-derived delta-9 products are presently legal for adults in South Dakota; the 2024 law banned some hemp-derived intoxicants but the beverages are outside the scope of the ban because their THC isn't chemically extracted.”
South Dakota hemp law FAQ
Short answers drawn from the official South Dakota sources above (verified September 29, 2026). Not legal advice.
- Do I need a license to sell hemp products in South Dakota?
- South Dakota does not issue a hemp retail license: South Dakota has no license or registration for selling finished hemp/CBD products at retail or online and sets no state age limit or per-serving THC cap. Official link: SD Industrial Hemp License Application (grower / processor) – valid through 2026 (danr.sd.gov) — fee: Grower: $50 application + $500 license (15 months) + $250 inspection per lot; Processor: $50 application + $2,000 license. Federal rules (USDA grower licensing, FDA labeling, carrier policies) still apply.
- Who regulates hemp in South Dakota?
- South Dakota Department of Agriculture and Natural Resources – Industrial Hemp Program — Grower and processor licensing under the state plan through 2026; program repealed effective 2027-01-01 (SB 39, 2026), after which growers license through USDA. USDA Agricultural Marketing Service – Domestic Hemp Production Program — Hemp producer licensing for SD growers from 2027-01-01.
- What are South Dakota's hemp laws in 2026?
- South Dakota has no license or registration for selling finished hemp/CBD products at retail or online and sets no state age limit or per-serving THC cap; only growing and processing raw hemp require DANR licenses in 2026. Since HB 1125 (2024) it is illegal to chemically modify or convert hemp or sell chemically modified/converted hemp products (delta-8, delta-10, HHC, THC-O, etc.), and SB 39 (2026, signed 2026-03-18) writes those bans into the definition of industrial hemp products. Key law: SD HB 1125 (2024) (SDCL ch. 38-35); SB 45 (2026) under-21 sales ban; SB 39 (2026) (effective July 1, 2024).
- What is the minimum age to buy hemp products in South Dakota?
- 21+ under South Dakota law (SD HB 1125 (2024) (SDCL ch. 38-35); SB 45 (2026) under-21 sales ban; SB 39 (2026)). Good Hemp Distro is 21+ everywhere regardless.
- Does South Dakota cap THC in hemp products?
- South Dakota sets no state-level milligram cap in the verified dataset; the federal definition (total THC including THCA at or below 0.3% dry weight) applies, and the state law summary above lists any product rules.
- How do I start a compliant hemp business in South Dakota?
- 1. Register the business with the SD Secretary of State and obtain a SD sales tax license from the Department of Revenue. 2. For growing/processing in 2026: apply to DANR (grower $50 + $500 + $250 per-lot inspection; processor $50 + $2,000). 3. For growing from 2027: obtain a USDA hemp producer license through the USDA HeMP portal (no state license). 4. For finished products: sell only naturally derived hemp products ≤0.3% delta-9 THC; do not sell delta-8/delta-10/HHC/THC-O/THCP or other chemically converted cannabinoids. 5. Keep COAs from an accredited lab for every product and prepare for the federal 0.4 mg total THC per-container limit (eff. 2026-12-11).
Related
Not legal advice. Links and summaries verified September 29, 2026; laws change — always confirm with the official links and a licensed attorney before you sell.