Yes, absinthe is legal in South Dakota under specific conditions.
Absinthe containing thujone above 10 ppm remains federally prohibited but is permissible in South Dakota if it complies with FDA labeling and alcohol content regulations. The South Dakota Department of Revenue’s Alcohol & Tobacco Division enforces state-specific licensing for absinthe sales, requiring retailers to hold a Class B liquor license. Recent 2026 compliance updates mandate third-party lab testing for thujone levels, aligning with FDA enforcement priorities.
Key Regulations for Absinthe in South Dakota
- Thujone Limits: Absinthe must contain ≤10 ppm thujone, verified through certified laboratory testing prior to distribution.
- Licensing Requirements: Retailers must possess a Class B liquor license, with absinthe sales restricted to licensed establishments only.
- Labeling Compliance: Labels must display alcohol content (ABV) and thujone concentration; mislabeling risks fines under SDCL 35-10-23.
Local enforcement by the South Dakota Department of Revenue’s Division of Alcohol & Tobacco ensures adherence to both state and federal standards. Violations may trigger audits or license suspension. Distributors should maintain documentation of thujone testing and licensing status to mitigate compliance risks.