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Hemp Laws: South Dakota vs Delaware
Side-by-side comparison of hemp compound laws
South Dakota and Delaware differ on 3 of 8 hemp compounds. Overall, South Dakota has more permissive hemp laws than Delaware. Key differences: Delta-9 THC (Hemp) is fully legal in South Dakota but banned in Delaware. THCA is in a legal gray area in South Dakota but banned in Delaware. THCP is banned in South Dakota but in a legal gray area in Delaware. Both states have the same Delta-8 THC status: banned. The 2026 federal hemp ban will have high impact on South Dakota and low impact on Delaware. Shipping rules differ: inbound hemp shipping is fully legal in South Dakota vs. banned in Delaware.
| Compound | South Dakota | Delaware |
|---|---|---|
| Delta-8 THC | ❌Banned | ❌Banned |
| Delta-9 THC (Hemp) | ✅Legal | ❌Banned |
| CBD | ✅Legal | ✅Legal |
| THCA | 🔶Gray Area | ❌Banned |
| HHC | ❌Banned | ❌Banned |
| Delta-10 THC | ❌Banned | ❌Banned |
| THC-O | ❌Banned | ❌Banned |
| THCP | ❌Banned | 🔶Gray Area |