Hemp Flower South Dakota: CBD Flower Buyer’s Guide

Some mountains near a hemp field in South Dakota

Shop this article

View all
Indica Sleep THCA
Indica Sleep THCA
Hybrid Relax THCA
Hybrid Relax THCA
Focus Sativa THCA
Focus Sativa THCA
Hybrid Relax THCA
Hybrid Relax THCA
Indica Sleep THCA
Indica Sleep THCA
Delta-8 Indica Sleep
Delta-8 Indica Sleep
Table Of Contents

Disclaimer: This article was last updated in May 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis laws in the US, the information herein may become outdated at any time.

Additionally, this article is NOT intended to be legal advice. Botany Farms or any individual or entity associated with Botany Farms does NOT provide legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.


Although the hemp industry has gained popularity thanks to the 2018 Farm Bill, which legalized it after years of misconceptions about the plant, the state of South Dakota has a totally different point of view on this matter.

For this reason, many farmers and entrepreneurs lost their opportunities of joining the rising hemp market in its early stages. Until March 27, 2020, the state legalized industrial hemp. This happened after a yearlong discussion between the Governor and legislators about the possibilities of creating an Industrial Hemp Program in South Dakota.

Thanks to this decision, the state is taking a great opportunity for having a more organic and sustainable economic activity that has shown amazing results in the past years.

Although the new South Dakota hemp flower laws still make it difficult for individuals and groups to establish their own herb farms, this is a great step for the hemp industry, which is growing non-stop all over the country.

Key Takeaways

  • Hemp flower in NOT legal in South Dakota.
  • Under a new law, all hemp products containing potentially psychoactive synthetic cannabinoids like Delta 8, Delta 9, Delta 10, THC-O acetate, THCp, HHC, and THC isomers are prohibited.
  • Section 38-35-21 of the Codified Laws of South Dakota expressly prohibits the sale and/or use of inhalable or smokable hemp products.

Hemp flower in NOT legal in South Dakota. Under the Codified Laws of South Dakota's Industrial Hemp Chapter, Section 38-35-2,

No person may purchase, receive, or obtain industrial hemp or product in process, other than industrial hemp seed or industrial hemp product, for planting, storing, propagating, producing, or processing..." 

In fact, Section 38-35-21 of the Codified Laws of South Dakota expressly prohibits the sale and/or use of inhalable or smokable hemp products. Violating this section is classified as a Class 1 misdemeanor.

As if that's not enough, in March 2024, South Dakota enacted a new law banning "intoxicating hemp products." Under this new law, all hemp products containing potentially psychoactive synthetic cannabinoids like Delta 8, Delta 9, Delta 10, THC-O acetate, THCp, HHC, and THC isomers are prohibited.

For the record, South Dakota defines "synthetic cannabinoids" as "chemically derived compounds resulting from altering the molecular structure of any cannabis-derived substance."

The new law does not affect cannabinoids extracted naturally, non-psychoactive cannabinoids, and "cannabinoids in a topical cream product."

There is concern that this law could negatively impact retailers of over-the-counter CBD products. However, under the provisions of HB 1008, a person can buy, sell, and use CBD in the state. Such products must be hemp-derived and contain no more than 0.3% THC content.

Given the new laws, it may be difficult for individuals to easily find quality hemp flower for sale in South Dakota. The regulations and control needed have to be structured carefully, and many consumers might put their life at risk unless they buy from reliable, legal hemp companies outside the state.

Where to Buy Hemp Flower in South Dakota

Now that you know the current situation of the hemp industry in South Dakota, you can picture the difficulties that buying hemp flower in this state entails. Although hemp is legal in the state, the processes farmers have to go through in order to start growing and selling it are slowing down the opening of local stores.

As of now, only a few CBD stores are operating freely in locations such as Sioux Falls. However, many businesses have opted to remove CBD products from their shelves. There have been some cases where buyers and sellers have gotten arrested in South Dakota for possession of CBD products.

Although hemp is now legal in South Dakota, consumers and businesses must wait for the South Dakota Hemp Program to be approved by the FDA.

Moreover, consuming smokable hemp is still illegal, so you must wait until the regulations are clear and set in order to purchase anything hemp. Because of this, it may be easier for you to buy hemp flower online once the hemp flower laws in South Dakota have been set.

Buying hemp flower from online-based retailers like Botany Farms may be your best option at the moment, but unfortunately due to the current regulations we do not ship to this state.

Why Buy From Botany Farms?

We cultivate cannabis with great respect for its intricate properties, catering to those seeking its benefits without altering their mental clarity. It starts with dedicated time and attention to produce pesticide, fungicide, and heavy metal-free flowers, combined with sunshine, water, and love.

Every aspect of our process, from sourcing the best ingredients to packaging the final product, is done right here in the United States.  We take the time to properly cure each and every flower we produce.

This meticulous process results in buds with exceptional flavor, smoothness, and overall profile. It's just one of the many steps we take to ensure our product is the best it can be. 

Our cannabis has been cultivated and harvested with maximum care and efforts, using organic methods to ensure you are only smoking the best craft cannabis on the market.

Our commitment to quality doesn't stop at curing. We also hand trim all of our flower to ensure a perfect appearance and eliminate any unnecessary leaves that could detract from your experience. This extra attention to detail is what sets us apart from the competition.

Final Thoughts

Despite the widespread legal status of hemp, it is not fully legal everywhere. This why we encourage readers to do due diligence and learn about the current laws governing hemp and products in their states.

In the case with South Dakota, smokable hemp is illegal in the state. However, you can buy and use topical and edible hemp products that meet state law provisions. Stay informed to avoid police action when using hemp products in South Dakota.



Reading next

A desert highway in Arizona
A desert highway in Arizona