South Dakota criminal charge
Delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol in South Dakota
Delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol is a criminal offense under South Dakota law, defined by SDCL § 34-20B-117. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 34-20B-117.
What is the penalty for delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, thc-o acetate, hexahydrocannabinol in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Sale or distribution to person under 21 — Knowingly selling or distributing a product containing delta-8 THC, delta-9 THCA, THC-O acetate, or hexahydrocannabinol to a person under 21, absent valid prescription or practitioner order.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Sale or distribution to person under 21 — Knowingly selling or distributing a product containing delta-8 THC, delta-9 THCA, THC-O acetate, or hexahydrocannabinol to a person under 21, absent valid prescription or practitioner order.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 30 days (Purchase, receipt, possession, or consumption by underage person — Purchase, attempted purchase, receipt, attempted receipt, possession, or consumption of such a product by a person under 21, absent valid prescription or practitioner order.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Purchase, receipt, possession, or consumption by underage person — Purchase, attempted purchase, receipt, attempted receipt, possession, or consumption of such a product by a person under 21, absent valid prescription or practitioner order.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 30 days (Purchasing on behalf of or giving to an underage person — Purchasing such a product on behalf of, or giving such a product to, a person under 21, unless purchased by a parent/guardian pursuant to a valid prescription or practitioner order.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Purchasing on behalf of or giving to an underage person — Purchasing such a product on behalf of, or giving such a product to, a person under 21, unless purchased by a parent/guardian pursuant to a valid prescription or practitioner order.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, thc-o acetate, hexahydrocannabinol classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale or distribution to person under 21 | Class 1 Misdemeanor | Knowingly selling or distributing a product containing delta-8 THC, delta-9 THCA, THC-O acetate, or hexahydrocannabinol to a person under 21, absent valid prescription or practitioner order. | SDCL § 34-20B-117undefined |
| Purchase, receipt, possession, or consumption by underage person | Class 2 Misdemeanor | Purchase, attempted purchase, receipt, attempted receipt, possession, or consumption of such a product by a person under 21, absent valid prescription or practitioner order. | SDCL § 34-20B-117undefined |
| Purchasing on behalf of or giving to an underage person | Class 2 Misdemeanor | Purchasing such a product on behalf of, or giving such a product to, a person under 21, unless purchased by a parent/guardian pursuant to a valid prescription or practitioner order. | SDCL § 34-20B-117undefined |
Common questions about delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, thc-o acetate, hexahydrocannabinol in South Dakota
Is delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol a felony or a misdemeanor in South Dakota?
It depends on the circumstances: delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol ranges from a Class 2 Misdemeanor to a Class 1 Misdemeanor in South Dakota under SDCL § 34-20B-117.
Sale or distribution to person under 21: Class 1 Misdemeanor (SDCL § 34-20B-117) · Purchase, receipt, possession, or consumption by underage person: Class 2 Misdemeanor (SDCL § 34-20B-117) · Purchasing on behalf of or giving to an underage person: Class 2 Misdemeanor (SDCL § 34-20B-117)
What are the penalties for delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol in South Dakota?
Penalties for delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol in South Dakota depend on how it is classified — from a Class 2 Misdemeanor up to a Class 1 Misdemeanor — with the ranges set by SDCL § 22-6-2; the full table of ranges by variant is published on this page.
Which South Dakota statute covers delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol?
Delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol is governed by SDCL § 34-20B-117 (Delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol--Underage--Penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.