What is the next step for the multiple businesses locally and statewide now that Gov. Noem has signed the new law banning the sale of specific hemp-derived products? In recent years, businesses have made the product a large portion of their business model, and various products can also be found at "smoke shops" and convenience stores.
South Dakota has outlawed intoxicating hemp products. Governor Kristi Noem signed a law aimed at eliminating all products containing synthetic compounds like delta-8 THC from the market. The law prohibits the production, sale, and distribution of "chemically modified or converted industrial hemp," including delta-8 THC, delta-9 THC derived from hemp, delta-10 THC, THC-O-acetate, HHC, THCP, and any other THC isomer, analog, or derivative.
The law targets products such as gummies, vape pens, pre-rolled joints, and smokable flowers, often referred to as "diet weed" or "marijuana light." These products have become widespread in South Dakota and across the U.S., exploiting loopholes in the 2018 U.S. Farm Bill.
All banned substances are synthetically produced, primarily by chemically processing CBD from hemp flowers. Health officials have warned that these compounds lack federal regulation and are essentially unregulated products. Some have shown inconsistent levels of intoxicants and contaminants, leading to instances of illness, hospital visits, and even a child's death.
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