RAPID CITY, S.D. (KOTA) – Synthetic cannabis is illegal in South Dakota, but that’s nothing new.

House Bill 1125, a law banning substances like delta 8 and delta 10 THC, was passed during the 2024 legislative session.

However, a year after the ban went into effect, these products are still on store shelves.

On Wednesday, a joint letter from the Pennington County State’s Attorney, Sheriff’s Office, and the Rapid City Police was sent to 32 business owners to remind them of the law, a courtesy reminder before law enforcement checks begin.

“We’ve left it to the business owners to know and understand the law, which is their responsibility. We’re a year out now, and the sheriff and the chief of police, and I thought this was a good time to say, ‘Hey, double check your stock,’” said Pennington County State’s Attorney Lara Roetzel.

“We’ve also received some information saying there have been illegal products or have been illegal products on the shelves,” said Roetzel.

“This is ultimately on the businesses to know the products they’re selling, and after that, the sheriff’s office and the police department will do random checks to see if people comply,” said Mark Hughes, the chief feputy of the Pennington County Sheriff’s Office

These chemicals are often found in gummies, vapes, or drinks, often labeled as “Legal THC,” “Farm Bill Compliant,” “Hemp-Derived Cannabinoids,” or “THC-O.”

They may also list the specific cannabinoid like “Delta-8,” “Delta-10,” or “THC-O.”

While they were once legal, that loophole is now closed in South Dakota.

“A lot of these products are just one chemical off of what marijuana or THC,” said Hughes.

“That’s how it was a loophole in the law, and they have a lot of the same effects as marijuana has, and they’re unregulated so you don’t know the potency is that people are getting, and a lot of these are in gummy or vape form so sometimes the youth are getting involved in this so that’s what we are trying to curb,” said Hughes.

Anyone caught selling them could face a misdemeanor with up to 30 days in jail and a $500 fine per violation.

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