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Hemp Laws: New York vs South Dakota

Side-by-side comparison of hemp compound laws

New York and South Dakota differ on 5 of 8 hemp compounds. Overall, South Dakota has more permissive hemp laws than New York. Key differences: Delta-8 THC is banned in New York but fully legal in South Dakota. Delta-9 THC (Hemp) is banned in New York but fully legal in South Dakota. THCA is banned in New York but in a legal gray area in South Dakota. HHC is banned in New York but fully legal in South Dakota. The 2026 federal hemp ban will have low impact on New York and high impact on South Dakota. Shipping rules differ: inbound hemp shipping is banned in New York vs. fully legal in South Dakota.

CompoundNew YorkSouth Dakota
Delta-8 THCBannedLegal
Delta-9 THC (Hemp)BannedLegal
CBDLegalLegal
THCABanned🔶Gray Area
HHCBannedLegal
Delta-10 THCBannedLegal
THC-OBannedBanned
THCP🔶Gray Area🔶Gray Area

Learn About These Compounds