Is THCA Legal in South Dakota? | 2025 Hemp Law Update

South Dakota’s Cannabis Climate

South Dakota’s cannabis laws have shifted rapidly over the past few years. While medical marijuana is legal, adult-use cannabis remains prohibited. This makes the question of THCA legality particularly important for consumers seeking federally compliant alternatives.


What Is THCA?

THCA (tetrahydrocannabinol acid) is a non-psychoactive cannabinoid that naturally occurs in hemp and cannabis. When heated, it converts into Δ9-THC, the psychoactive compound responsible for producing a high.
Because THCA itself is non-intoxicating, it falls under federal hemp protections when derived from hemp containing less than 0.3% Δ9-THC on a dry-weight basis.


House Bill 1125 and “Total THC”

In 2024, South Dakota passed HB 1125, which redefined how the state measures cannabinoids in hemp products. The new bill includes “total THC” — meaning both Δ9-THC and THCA are calculated together to determine legality.

As a result:

  • Products that remain under 0.3% total THC are considered hemp.

  • Products that exceed that limit are treated as marijuana under state law.

This update aligns South Dakota’s hemp policy more closely with federal testing standards.


Is THCA Legal in South Dakota?

Yes - but only when compliant.
Hemp-derived THCA products are legal in South Dakota if the combined Δ9-THC + THCA content is ≤ 0.3% and verified by a certified Certificate of Analysis (COA).

However, THCA flower with high conversion potential often tests above that limit after decarboxylation, which can make it non-compliant. Consumers should only purchase from licensed hemp retailers that publish COAs for every batch.


What This Means for Consumers

South Dakota residents can legally purchase:

  • THCA edibles, tinctures, and oils that meet the 0.3% total THC rule.

  • Lab-tested hemp flower proven compliant under total THC testing.

All Exotic THCA Nugs and Indoor Nugs from THCA Nugs are third-party tested, Farm Bill compliant, and discreetly shipped nationwide, including to South Dakota.


Scientific Insights

Research in Frontiers in Pharmacology and Neuropharmacology suggests THCA may have anti-inflammatory, anti-nausea, and neuroprotective benefits. Because it’s non-intoxicating until heated, THCA provides potential wellness value without a high.


Final Word

THCA is legal in South Dakota under HB 1125 if the product’s total THC remains below 0.3% and includes a valid COA. Consumers should verify compliance before purchasing or transporting THCA flower within the state.

For premium, federally legal options, explore THCA Flower by THCA Nugs — lab-tested, compliant, and shipped discreetly.