Hemp, THC and CBD laws in South Dakota

(3) "Chemically derived cannabinoid," a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant. The term does not include:
(a) Cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst;
(b) Non-psychoactive cannabinoids; or
(c) Cannabinoids in a topical cream product;
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(5) "Hemp" or "industrial hemp," the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;
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(7) "Industrial hemp product," a finished manufactured product, or consumer product made from industrial hemp with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp. This term does not include a product containing chemically derived cannabinoids, including:
(a) Delta-8 tetrahydrocannabinol, also known as delta-8-THC;
(b) Delta-10 tetrahydrocannabinol, also known as delta-10-THC;
(c) Tetrahydrocannabinol acetate, also known as THC-O-acetate or THC-O;
(d) Hexahydrocannabinol, also known as HHC; or
(e) Tetrahydrocannabiphoral, also known as THCP;
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(17) "Total delta-9 THC or total delta-9 tetrahydrocannabinol," the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expresses the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis; and

34-20B-118 . Industrial hemp--Chemical modification or conversion--Sale or distribution--Penalty.
No person or entity may:
(1) Chemically modify or convert industrial hemp as defined in § 38-35-1 , or engage in any process that converts cannabidiol, into delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, or any other tetrahydrocannabinol isomer, analog, or derivative; or
(2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids or cannabinoids created by chemically modifying or converting a hemp extract.
A violation of this section is a Class 2 misdemeanor.

34-20B-117 . Delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol--Underage--Penalty.
The following actions are unlawful:
(1) To knowingly sell or distribute a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one, unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice;

38-35-21 . Industrial hemp for smoking prohibited--Violation as misdemeanor.
The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor.

Sec. 781. <<NOTE: Effective date. 7 USC 1639o note.>> Effective
365 days after the enactment of this Act, Section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended--
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``(A) In general.--The term `hemp' means the plant
Cannabis sativa L. and any part of that plant, including
the seeds thereof and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of
isomers, whether growing or not, with a total
tetrahydrocannabinols concentration (including
tetrahydrocannabinolic acid) of not more than 0.3
percent on a dry weight basis.
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``(C) Exclusions.--Such term does not include--
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``(iii) any intermediate hemp-derived
cannabinoid products which are marketed or sold as
a final product or directly to an end consumer for
personal or household use; or
``(iv) any final hemp-derived cannabinoid
products containing--
``(I) cannabinoids that are not
capable of being naturally produced by a
Cannabis sativa L. plant;
``(II) cannabinoids that--
``(aa) are capable of being
naturally produced by a Cannabis
sativa L. plant; and
``(bb) were synthesized or
manufactured outside the plant;
or
``(III) greater than 0.4 milligrams
combined total per container of--
``(aa) total
tetrahydrocannabinols (including
tetrahydrocannabinolic acid); and
``(bb) any other
cannabinoids that have similar
effects (or are marketed to have
similar effects) on humans or
animals as a
tetrahydrocannabinol (as
determined by the Secretary of
Health and Human Services).
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``(C) The term `container' means the innermost
wrapping, packaging, or vessel in direct contact with a
final hemp-derived cannabinoid product in which the
final hemp-derived cannabinoid product is enclosed for
retail sale to consumers, such as a jar, bottle, bag,
box, packet, can, carton, or cartridge.

SEC. 2019. <<NOTE: Applicability.>> SECTION 781 EXTENSION.
Until December 11, 2026, the amendments made by section 781 of
division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply
with respect to products described in paragraphs (1)(C)(ii)(I) and
(1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o) (as amended by such section 781).

Hexahydrocannabinol is currently controlled in
schedule I as a tetrahydrocannabinol.
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Thus, only tetrahydrocannabinols in or derived from the cannabis
plant--not synthetic tetrahydrocannabinols--are excluded from control
as ``tetrahydrocannabinols in hemp.'' To clarify further,
tetrahydrocannabinols produced through chemical conversion, even when
hemp derived are considered synthetically produced for purposes of the
CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.

453.37 Hemp-Based Products
For purposes of this section, "hemp" refers to the definition provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision. Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed domestically only when the mailer:
Complies with all applicable federal, state, and local laws, including U.S. Department of Agriculture approved plans for hemp production, processing, distribution, and sales (7 CFR Part 990).
Retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of mailing.
Shipments of hemp and hemp-based products, including CBD, are prohibited in international mail, including items for delivery to overseas Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses (APO/FPO/DPO).

Marijuana, including marijuana intended for medical use and Cannabidoil ("CBD") derived from Marijuana
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Vape products within, to or from the U.S
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Certain items we list as prohibited will be accepted by UPS on a contractual basis for shippers with regular volume and the ability to comply with all applicable laws and regulations. The items we can carry under certain criteria are:
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Hemp and CBD

9. Can THC or CBD products be sold as dietary supplements?
A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. § 321(ff)(3)(B)].
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10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added?
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.