South Dakota would ban the creation and sale of hemp-derived intoxicants (like delta-8 and delta-10) that don't have a medical purpose, making it illegal to chemically modify hemp or sell products containing these synthetic cannabinoids. The law carves out an exception for medical cannabis products approved by the Department of Health, and violating the ban would be a Class 2 misdemeanor. This significantly tightens South Dakota's existing hemp regulations by closing loopholes that currently allow intoxicating hemp products to be sold legally.
The engrossed version STRENGTHENS the ban by explicitly clarifying that the 0.4 milligram THC limit applies to "any tetrahydrocannabinol isomer, analog, or derivative" and reorganizes the definitions section to more clearly exclude chemically derived cannabinoids (delta-8, delta-10, HHC, THC-O, THCP) from the definition of "industrial hemp product." These changes tighten the legal scope of what products are prohibited and make the restrictions more comprehensive and harder to circumvent through chemical workarounds.
Other amendments
Senate Placed on calendar pursuant to JR 6F-6 Failed, YEAS 14, NAYS 19. S.J. 82
Health and Human Services Report out of committee without recommendation as amended Passed, YEAS 7, NAYS 0. S.J. 4
Health and Human Services Motion to amend S.J. 3
Health and Human Services Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Health and Human Services S.J. 13
Prime sponsor · Sen.
R
Placed on calendar pursuant to JR 6F-6
Referred as Amended to
Health and Human Services — Report out of committee without recommendation as amended