'Fake Weed' Gummies, Vape Pens And Other Hemp Products Banned In South Dakota Where Majority Opposes Recreational Cannabis

A law that bans the sale of unregulated hemp products in South Dakota took effect on Monday, July 1 some three months after Governor Kristi Noem (R) signed it into law.

Under House Bill 1125 “the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp," is prohibited and will result in a penalty otherwise.

Which Means?

The measure from Rep. Brian Mulder (R) makes the sale of all Delta-8, Delta-10, THC-O, HHC and THC-P products and other unregulated THC products illegal statewide and treated as a Class 2 misdemeanor. The five chemicals can be synthesized and added to hemp products in amounts that would result in effects much like that of the delta-9 THC found in marijuana, as highlighted by South Dakota Searchlights' John Hult. 

Read Also: Majority Of South Dakotans Are Against Recreational Cannabis Legalization, New Poll Finds

Hemp Quarters 605, a shop where such products can be purchased, took legal action in June to fight the new law. The Pierre-based business filed a lawsuit U.S. District Court in South Dakota challenging the constitutionality of the new law and asking for an issuance of a preliminary injunction to put a pause on the enactment of the bill.

According to the lawsuit, by meddling with the sale of federally legal products across state lines, the state is violating the U.S. Constitution's commerce clause.

The Agriculture Improvement Act of 2018, signed by Donald Trump, effectively legalized hemp and hemp-derived products on the federal level. Under that bill, hemp is considered to have only 0.3% delta 9 THC. However, the Farm Bill left many regulatory issues around hemp products unresolved, resulting in various intoxicating hemp products being available for purchase nationwide.

That said, a judge who reviewed the case brought by Hemp Quarters 605, refused to block the implementation of the new law a recent hearing.

Meanwhile, as pointed out by Benzinga's Patricio Liddle, the Mount Rushmore State has become one of the top hemp producers in the nation over the past few years.

According to Ken Meyer, SDIHA board president, the crop's resilience and compatibility with local agricultural conditions have been a boon. "Well-developed hemp genetics of Canada and Europe work well in our latitude," he told South Dakota News Watch.

Hemp and how it fits into the cannabis industry will surely be one of many topics at the upcoming 19th Benzinga Cannabis Capital Conference, coming to Chicago this Oct. 8-9. Get your tickets now before prices surge by following this link.

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