Understanding THCA Laws in South Dakota: What’s Legal in 2025?

As cannabis legislation continues to evolve across the country, many are asking an increasingly common question: Is THCA legal in South Dakota? While industrial hemp and certain hemp-derived products are permitted under the federal Farm Bill, the legal status of THCA remains unclear in South Dakota.

Because THCA is a compound found in the cannabis plant—including both hemp and marijuana plants—its legality depends on how state law interprets its potential effects and uses. In this blog, we’ll explore how South Dakota law, federal regulations, and recent developments affect the ability to possess, sell, or use THCA hemp products and other cannabis products within the state.

What Is THCA and How Is It Different From THC?

THCA, or tetrahydrocannabinolic acid, is a non psychoactive compound found in raw cannabis plants, including hemp flowers. In its natural state, THCA does not cause psychoactive effects. However, through a chemical reaction known as decarboxylation, THCA converts into Delta-9 THC, the psychoactive cannabinoid found in marijuana flowers.

Because of this conversion process, THCA is often caught in the middle of regulatory debate. It is unlike THC in its raw form, but can become THC with heat—placing it in a gray zone within state and federal laws.

Potential Benefits and Consumer Caution

Like many cannabis derivatives, THCA is being researched for its therapeutic benefits, including:

• Anti-inflammatory effects

• Neuroprotective potential

• Appetite stimulation

However, the legal landscape surrounding cannabis in South Dakota requires that users tread carefully. Even if THCA products may offer potential benefits, they may not be viewed favorably under current law.

What Do the Farm Bill and Federal Laws Say About THCA?

The 2018 federal Farm Bill legalized industrial hemp, including all parts of the hemp plant, provided the final THC content is no more than 0.3% Delta-9 THC on a dry weight basis. This made hemp-derived products, such as certain hemp-derived THCA products, legal under federal law.

However, because THCA can convert into a psychoactive compound, its presence in cannabis derivatives has drawn the attention of the federal government and regulators. Despite not being explicitly mentioned in the Controlled Substances Act, THCA’s potential to become intoxicating continues to raise questions under federal regulations.

Is THCA a Controlled Substance Under South Dakota Law?

THCA is not explicitly listed as a controlled substance under South Dakota’s statutes. However, that technicality offers little legal protection. Authorities in the state increasingly treat smokable or decarboxylated THCA products as equivalent to illegal marijuana due to their potential to convert into Delta-9 THC.

In practice, if a product containing THCA is marketed or intended for consumption in a way that could cause intoxication, such as vaping or smoking, it may be classified and prosecuted under existing marijuana laws. This interpretation allows prosecutors to treat intent and effect as legal triggers, even when chemical definitions are not explicitly stated.

As enforcement shifts toward regulating outcomes rather than compound names, THCA’s legal status remains functionally precarious in South Dakota.

Is THCA Legal in South Dakota for Consumers and Businesses?

So, is THCA legal in South Dakota? At the moment, the answer remains highly uncertain and risky. Although some hemp-derived products are legal under federal guidelines, South Dakota law places strong restrictions on cannabinoids that may result in intoxication—even if derived from hemp.

The passage of House Bill 1125, signed into law on March 7, 2024, significantly altered the legal landscape. The bill prohibits the sale and production of chemically modified or intoxicating hemp products, including Delta-8 THC, THC-O, and similar compounds. While THCA is not specifically named, its conversion into psychoactive THC puts it in the crosshairs of enforcement.

In June 2025, the Department of Health and Department of Public Safety jointly notified hemp businesses that enforcement of these rules will begin on July 14, 2025, with each noncompliant product treated as a separate misdemeanor offense.

Retailers and consumers alike should proceed with extreme caution. Products like THCA flower or concentrates may be treated as illegal marijuana depending on form and use—even if they technically meet the 0.3% Delta-9 THC requirement.

How Do State and Federal Laws Treat THCA Differently?

At the federal level, THCA is legal if it is derived from hemp and the final product contains no more than 0.3% Delta-9 THC by dry weight, per the 2018 Farm Bill.

However, South Dakota law diverges sharply from federal policy. Under House Bill 1125, the state now actively bans hemp-derived compounds intended to produce intoxicating effects—regardless of how they’re derived or whether they’re chemically altered. This includes natural cannabinoids like THCA if they can be used to mimic marijuana intoxication.

This split has created a legal gray zone: a product may be legal federally but still lead to prosecution or product seizure under South Dakota law. Consumers and businesses must navigate both sets of regulations to avoid legal trouble.

What Role Does House Bill 1006 and the South Dakota Legislature Play?

In March 2024, South Dakota passed House Bill 1125, a significant piece of legislation aimed at curbing the sale of hemp-derived intoxicants. The law prohibits the production and distribution of chemically modified cannabinoids, such as Delta-8 THC, Delta-10 THC, THC-O, and similar compounds known for mimicking marijuana’s effects.

Although THCA is not directly named, the bill reflects growing legislative intent to regulate any hemp product capable of producing intoxication, particularly those that convert to Delta-9 THC when heated. This aligns with ongoing efforts by state leaders, including Attorney General Marty Jackley, to eliminate legal loopholes that allow hemp products to be used like recreational cannabis.

The law is scheduled for active enforcement starting July 14, 2025, when each violating product may be treated as an individual misdemeanor offense. Future legislative updates may further define or restrict THCA and related cannabinoids as South Dakota continues to refine its cannabis policy framework.

Delta-8 THC vs. Delta-9 THC: What’s the Difference?

Delta-8 THC and Delta-9 THC are both compounds found in the cannabis plant, but they differ in potency, regulation, and legal acceptance. Delta-9 THC is the primary psychoactive ingredient in the marijuana plant and is heavily regulated under both state and federal laws. Delta-8 THC, often synthesized from hemp, offers milder effects and has found its way into the cannabis industry through hemp-derived products.

However, many states—including South Dakota—have started tightening cannabis regulations around Delta-8 due to its psychoactive effects. As the legal landscape continues to evolve, understanding the distinctions between cannabinoids is essential for staying compliant under South Dakota law and the Farm Bill.

Can You Legally Buy THCA Products Online in South Dakota?

Online sales of THCA products into South Dakota operate in a high-risk zone. While e-commerce platforms may offer hemp-derived THCA labeled as federally compliant, the state's interpretation of legality is based on how products are used once inside its borders.

Shipping THCA into South Dakota may expose buyers and sellers to legal consequences if the products resemble or are intended to replace marijuana. Even with valid lab reports or packaging that appears compliant, authorities may take enforcement action based on appearance, function, or consumer intent.

Out-of-state vendors are not exempt. Once a package crosses into South Dakota, it is subject to state law—not the seller's origin state. This creates legal exposure for both the retailer and the recipient, especially with products designed to be inhaled or combusted.

Where to Find Trusted Hemp-Derived THCA Products

Due to South Dakota’s increasingly strict stance on hemp-derived cannabinoids, consumers in the state should not rely on retail availability of THCA flower, vapes, or concentrates. Even companies that follow federal guidelines may unintentionally violate state law simply by offering these products for sale or shipment into South Dakota.

While some reputable hemp brands conduct full-panel lab testing and publish Certificates of Analysis, this level of transparency does not override local restrictions. Businesses marketing THCA for inhalation or high-THC conversion risk penalties under South Dakota law, regardless of where they operate.

For those outside South Dakota, verified hemp products may remain an option. But within state lines, the safest course of action is to avoid purchasing or importing THCA altogether until clear legal protections are established.

What About Medical Cannabis and THCA in South Dakota?

South Dakota’s medical cannabis program allows patients with qualifying conditions to access marijuana from licensed dispensaries. These dispensaries primarily focus on Delta-9 THC-containing products, which are regulated and tracked under the state’s medical system.

THCA, while present in raw cannabis flower, is not listed separately within the medical framework. It is not prescribed on its own, nor is it defined as a therapeutic compound distinct from other cannabinoids.

If THCA is consumed as part of a medical product, it falls under the same rules that apply to the marijuana program generally. However, hemp-derived THCA purchased outside of dispensaries does not carry the same protections, even for registered patients. Possession of such products may still be questioned if not clearly sourced from a licensed medical provider.

Does THCA Show Up on a Drug Test?

Yes. Although THCA is non psychoactive, when it is heated and consumed, it becomes Delta-9 THC. This can result in a positive result on a drug test, just like any traditional THC products.

Those subject to workplace screening or legal oversight should exercise caution with any hemp-derived THCA products. A positive test could have legal or employment consequences, even if the product was purchased from a source that claims to be compliant with federal regulations.

Final Thoughts: THCA’s Legal Status in South Dakota

THCA exists in a legally uncertain zone in South Dakota, where cannabis law is driven more by effect and intent than chemical definitions. While federal law may permit certain hemp-derived products, state policy does not offer the same flexibility—especially when intoxication is possible.

Until lawmakers or courts provide clear guidance, both businesses and consumers should approach THCA in South Dakota as a high-risk substance. Legal advice is essential before possessing, distributing, or marketing THCA products within the state.

Legal Disclaimer: This content is for educational purposes only and does not constitute legal advice. Consult with a qualified attorney for legal guidance related to cannabis or hemp products in your state.