South Dakota Smoke Shop Regulations

Banned. HB 1125 (2024, effective July 1, 2024) prohibits chemically modifying or converting industrial hemp and the sale of chemically derived cannabinoids — delta-8, delta-10, THC-O, HHC, and THCP are excluded from lawful hemp products by name; naturally derived delta-9 products within the 0.3% limit remain lawful.

Regulated. SDCL 34-20B-115 makes it unlawful to knowingly sell or distribute a kratom product to anyone under 21, for a person under 21 to purchase, receive, possess or consume one, or to buy one on behalf of a person under 21 unless the purchaser is that person's parent or guardian; each is a Class 2 misdemeanor. SDCL 34-20B-115.1 bars preparing, selling or distributing a kratom product that exceeds 2 percent 7-hydroxymitragynine of the alkaloid fraction, contains synthetic mitragynine or any other synthetic kratom alkaloid, contains a poisonous or deleterious non-kratom substance, or is packed with a non-kratom substance that renders it injurious. Every package or label must state the recommended serving size, the number of servings that can safely be consumed in 24 hours, the servings per container, the mitragynine and 7-hydroxymitragynine content, and this warning: Consult a licensed, qualified healthcare professional before consuming this product. Not for use by women who are pregnant, nursing, or trying to become pregnant. There is no South Dakota kratom vendor registration or permit.

21+