RAPID CITY, SD – Today, the Pennington County State’s Attorney’s Office, Pennington County Sheriff’s Office and the Rapid City Police Department sent a joint letter to several local businesses advising them of a state law that bans the sale of certain chemically modified hemp products. The letters serve as both an educational effort and a warning that the continued sale of these illegal products could result in criminal charges.
House Bill 1125, passed during the 2024 legislative session, closed a loophole in South Dakota law that previously allowed for the chemical conversion of hemp into intoxicating cannabinoids such as delta-8 and delta-10 THC. These products, often found in smoke shops and convenience stores in the form of gummies, suckers, vape cartridges, oils, or beverages, can have potent psychoactive effects similar to marijuana.
“This law targets synthetic cannabinoids made by chemically altering compounds in the hemp plant,” said Lara Roetzel, Pennington County State’s Attorney. “We are asking local retailers to do their due diligence. If you are selling products that contain these unlawful substances, they must be removed from your shelves.”
Retailers who continue to sell these products may face a Class 2 misdemeanor for each violation, which carries penalties of up to 30 days in jail and/or a $500 fine per occurrence.
“We support lawful business practices and want to make sure retailers understand their responsibilities,” said Roetzel. “This is about keeping our community safe and informed.”
The list below are examples of products that might contain Delta-8 or Delta-10 THC:
Edibles
* Gummies (fruit-flavored or sour)
* Hard candies or lollipops
* Chocolates and baked goods (cookies, brownies, etc.)
* Mints or chewables
* THC-infused honey or syrups
Beverages
* THC-infused sodas or sparkling waters
* Energy drinks
* Drink shots (similar to 5-Hour Energy format)
* Infused teas or lemonades
Vape and Smoke Products
* Pre-filled vape cartridges or vape pens
* Disposable vapes labeled with “Delta-8,” “Delta-10,” “THC-O,” “HHC,” etc.
* THC-infused e-liquids
* Hemp or CBD flower sprayed with delta-8 or delta-10 distillate
Tinctures & Oils
* Sublingual drops or tinctures labeled with delta-8 or delta-10
* THC-infused MCT or hemp seed oils
* Nasal sprays
Capsules & Tablets
* Softgels or pills marketed for sleep, relaxation, or mood enhancement
* Delta-8/Delta-10 capsules sold alongside CBD products
Topicals (Less Common but Possible)
* Lotions or balms claiming to have delta-8/delta-10 for pain relief
* Transdermal patches
These items are often labeled as:
* “Legal THC”
* “Farm Bill Compliant”
* “Hemp-Derived Cannabinoids”
* Or they may list the specific cannabinoid like “Delta-8,” “D8,” “Delta-10,” “THC-O,” etc.
State’s Attorney Lara Roetzel, along with representatives from the Pennington County Sheriff’s Office and the Rapid City Police Department, will be available for media interviews on Wednesday, June 11 at 9:00 a.m. at the Pennington County State’s Attorney’s Office (4th floor). For questions or to coordinate coverage, please contact Pennington County Public Information Officer Katy Urban at (605) 390-1182.
