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