It never fazed me that people live in the Dakota’s. This is when I begin to realize how little I know about the national parks and the sightseeing of the upper Midwest of the country. But I was happy to see that South Dakota has been leaning towards progression by approving Constitutional Amendment A, the marijuana Legalization Initiative.
My favorite part of this bill is that they just used pen to make some of the adjustments and then just photo copied it. They were like “let’s not get too fancy with the printing.” This bill was brought on board along with Measure 26, a bill that puts medical marijuana in place. So, as of July 21st, 2021—Delta-9 THC has been made legal. South Dakota revised their Controlled Substances Act to make Hemp an agriculture commodity rather than a criminal offense. This doesn’t necessarily address the possession stipulations so keep your paperwork with you if you are carrying Delta-8 THC.
Yes, Delta-8 THC is legal in the state of South Dakota.
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.