Delta 8 is a cannabinoid taking the country by storm. It’s said to offer a more controllable euphoria than Delta 9 without any of the negative side effects like a clouded head or increased paranoia and anxiety. This is thanks to a difference on the molecular level. Delta 8 has a double bond on the 8th carbon chain whereas Delta 9 has a double bond on the 9th carbon chain. This difference is how Delta 8 is less potent and more controllable than Delta 9. It’s also how Delta 8 is considered to be federally legal and Delta 9 is a Schedule I drug on the DEA Controlled Substances List. But how is that possible if each cannabinoid is similar to the other?
Federal Law
The answer is simple. In 2018, hemp was federally legalized by the USDA in their 2018 Farm Bill. Hemp and marijuana hadn’t been defined separately since the 1970s with the creation of the Controlled Substances Act. The act stated anything from the cannabis plant is dangerous to the general public and, therefore, illegal.
The Farm Bill states:
“The term ‘hemp’ means 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 delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
This says that as long as a product contains less than 0.3 percent of Delta 9 within it, then it is legal to grow, produce, sell, and consume on the federal level. Since Delta 8 is structurally different from Delta 9, Delta 8 products will contain less than 0.3 percent of Delta 9 within them. It’s how Delta 8 became considered hemp and federally legal in the US.
However, just because something is considered to be legal on the federal level doesn’t mean that it is legal in every state. States get to create their own laws when it comes to hemp definition and legality. It’s how some states have legalized medical marijuana use and others haven’t. So what does South Dakota say about hemp and Delta 8?
South Dakota State Law
Like a majority of states, South Dakota has adopted the same definition of hemp as stated in the Farm Bill. That makes Delta 8 legal in South Dakota. As long as a product contains less than 0.3 percent of Delta 9, Delta 8 is legal in South Dakota. South Dakota law specifically states:
“2019 House Bill 1191:
(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.”
Be aware, laws are subject to change. Research your state law before purchasing and consuming any Delta 8 product. Make sure to check back for more cannabis and hemp related news.