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Hemp Laws: Montana vs South Dakota
Side-by-side comparison of hemp compound laws
Montana and South Dakota differ on 5 of 8 hemp compounds. Overall, South Dakota has more permissive hemp laws than Montana. Key differences: Delta-8 THC is legal with restrictions in Montana but fully legal in South Dakota. Delta-9 THC (Hemp) is legal with restrictions in Montana but fully legal in South Dakota. THCA is legal with restrictions in Montana but in a legal gray area in South Dakota. HHC is legal with restrictions in Montana but fully legal in South Dakota. The 2026 federal hemp ban will have moderate impact on Montana and high impact on South Dakota. Shipping rules differ: inbound hemp shipping is legal with restrictions in Montana vs. fully legal in South Dakota.
| Compound | Montana | South Dakota |
|---|---|---|
| Delta-8 THC | ⚠️Restricted | ✅Legal |
| Delta-9 THC (Hemp) | ⚠️Restricted | ✅Legal |
| CBD | ✅Legal | ✅Legal |
| THCA | ⚠️Restricted | 🔶Gray Area |
| HHC | ⚠️Restricted | ✅Legal |
| Delta-10 THC | ⚠️Restricted | ✅Legal |
| THC-O | ❌Banned | ❌Banned |
| THCP | 🔶Gray Area | 🔶Gray Area |