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Hemp Laws: North Dakota vs South Dakota

Side-by-side comparison of hemp compound laws

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

CompoundNorth DakotaSouth Dakota
Delta-8 THCBannedLegal
Delta-9 THC (Hemp)⚠️RestrictedLegal
CBDLegalLegal
THCABanned🔶Gray Area
HHCBannedLegal
Delta-10 THCBannedLegal
THC-OBannedBanned
THCP🔶Gray Area🔶Gray Area

Learn About These Compounds