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South Dakota statute

SDCL § 34-20B-117 — Delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol--Underage--Penalty

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 20B: Drugs And Substances Control, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 34-20B-117

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 34-20B-117Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
The following actions are unlawful: (1) To knowingly sell or distribute a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one, unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice; (2) The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of, a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol by a person under the age of twenty-one, unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice; and (3) To purchase a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol on behalf of, or to give a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol to, any person under the age of twenty-one, unless: (a) The purchaser is a parent or guardian of the person under the age of twenty-one; and (b) The substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice. A violation of subdivision (1) is a Class 1 misdemeanor. A violation of subdivision (2) or (3) is a Class 2 misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.