South Dakota Governor Signs Bill Restricting Hemp-Derived THC Products, Revising State Hemp Rules
- South Dakota Governor Larry Rhoden signed Senate Bill 39, revising state hemp laws and banning hemp-derived THC products like delta-8 THC, delta-10 THC, THC-O, HHC, and THCP from being sold as legal hemp items.
- The law updates the definition of industrial hemp products to explicitly exclude certain chemically derived cannabinoids and restricts hemp cultivation to licensed producers only.
- New transportation regulations require non-licensed individuals transporting hemp to carry documentation such as licenses, lab reports, shipment statements, and bills of lading, while licensed producers must also maintain detailed manifests.
- The legislation will take effect on January 1, 2027, reinforcing regulatory oversight and compliance standards in South Dakota’s hemp industry.
South Dakota Governor Larry Rhoden has signed Senate Bill 39 into law, enacting legislation that revises the state’s hemp laws while banning a range of hemp-derived THC products and other cannabinoids from being sold as legal hemp items. The measure passed the House on March 5 by a vote of 55 to 12 and cleared the Senate on March 10 in a 31 to 3 vote before being sent to the governor.
The new law updates the state’s definition of industrial hemp product while explicitly excluding products containing several chemically derived cannabinoids, including delta-8 THC, delta-10 THC, THC-O, HHC and THCP.
It also clarifies that only a licensed hemp producer may cultivate hemp in South Dakota, reinforcing existing regulatory requirements around production and oversight.
In addition, the law revises transportation requirements for hemp and hemp in process. Individuals transporting hemp who are not licensed producers will be required to carry documentation including a copy of the applicable license, a lab report confirming compliance with federal hemp standards, a signed statement regarding the shipment’s contents, and a bill of lading or manifest detailing the shipment.
Licensed hemp producers transporting hemp must also maintain documentation, including a copy of their license and a manifest identifying the lot, destination storage location and the type of vehicle being used.
Under the legislation, the changes are set to take effect January 1, 2027.