The amendment removes the specific delta-9 tetrahydrocannabinol concentration threshold ("more than three-tenths of one percent on a dry weight basis") from the definition of hashish, effectively broadening what qualifies as hashish under South Dakota's controlled substances law. This change strengthens the state's ability to regulate cannabis-derived products by eliminating a numerical loophole that previously allowed certain hashish products to evade the definition.
26.360.14 26.360.15 101st Legislative Session 1016 2026 South Dakota Legislature House Bill 1016 Introduced by: The Chair of the Committee on Health and Human Services at the request of the Department of Health Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to modify provisions related to the controlled substances schedule and to 1 declare an emergency. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 34-20B-1 be AMENDED: 4 34-20B-1. Terms as used in this chapter mean: 5 (1) "Administer," to deliver a controlled drug or substance to the ultimate user or 6 human research subject by injection, inhalation, or ingestion, or by any other 7 means; 8 (2) "Agent," an authorized person who acts on behalf of or at the direction of a 9 manufacturer, distributor, or dispenser and includes a common or contract carrier, 10 public warehouseman, or employee thereof; 11 (3) "Chemically derived cannabinoid," a chemical substance created by a chemical 12 reaction that changes the molecular structure of any chemical substance derived 13 from the cannabis plant. The term does not include: 14 (a) Cannabinoids produced by decarboxylation from a naturally occurring 15 cannabinoid acid without the use of a chemical catalyst; 16 (b) Non-psychoactive cannabinoids; or 17 (c) Cannabinoids in a topical cream product; 18 (4) "Control," to add, remove, or change the placement of a drug, substance, or 19 immediate precursor under §§ 34-20B-27 and 34-20B-28; 20 (5) "Controlled substance analogue," any of the following: 21 (a) A substance that differs in its chemical structure from a controlled substance 22 listed in or added to Schedule I or II only by substituting one or more 23 hydrogens with halogens, or by substituting one halogen with a different 24 halogen; 25 26.360.14 26.360.15 2 1016 Underscores indicate new language. Overstrikes indicate deleted language. HB1016 ENROLLED (b) A substance that is an alkyl homolog of a controlled substance listed in or 1 added to Schedule I or II; or 2 (c) A substance intended for human consumption: 3 (i) The chemical structure of which is substantially similar to the 4 chemical structure of a controlled substance in Schedule I or II; or 5 (ii) That has a stimulant, depressant, or hallucinogenic effect on the 6 central nervous system that is substantially similar to, or greater 7 than, the stimulant, depressant, or hallucinogenic effect on the 8 central nervous system of a controlled substance in Schedule I or II; 9 or 10 (iii) With respect to a particular person, which the person represents or 11 intends to have a stimulant, depressant, or hallucinogenic effect on 12 the central nervous system that is substantially similar to or greater 13 than the stimulant, depressant, or hallucinogenic effect on the 14 central nervous system of a controlled substance in Schedule I or II; 15 The term, controlled substance analogue, does not include a controlled substance or any 16 substance for which there is an approved new drug application; 17 (6) "Counterfeit substance," a controlled drug or substance that, or the container or 18 labeling of a controlled drug or substance that, without authorization, bears the 19 trademark, trade name, or other identifying mark, imprint, number, or device, or 20 any likeness thereof, of a manufacturer, distributor, or dispenser other than the 21 person or persons who manufactured, distributed, or dispensed the substance, and 22 thereby falsely purports or is represented to be the product of, or to have been 23 distributed by, the other manufacturer, distributor, or dispenser; 24 (7) "Deliver" or "delivery," the actual, constructive, or attempted transfer of a 25 controlled drug, substance, or marijuana, whether or not there exists an agency 26 relationship; 27 (8) "Department," the Department of Health created by chapter 1-43; 28 Health; (9) "Dispense," to deliver a controlled drug or substance to the ultimate user or human 29 research subject by or pursuant to the lawful order of a practitioner, including the 30 prescribing, administering, packaging, labeling, or compounding necessary to 31 prepare the substance for such delivery; 32 (10) "Distribute," to deliver a controlled drug, substance, or marijuana; 33 (11) "Hashish," the resin extracted from any part of any plant of the genus cannabis 34 that contains a delta-9 tetrahydrocannabinol concentration of more than three-35 26.360.14 3 1016 Underscores indicate new language. Overstrikes indicate deleted language. tenths of one percent on a dry weight basis, cannabis, except that which occurs in an 1 industrial hemp product, as defined in § 38-35-1; 2 26.360.15 3 1016 HB1016 ENROLLED (12) "Imprisonment," imprisonment in a state correctional facility unless the penalty 3 specifically provides for imprisonment in the county jail; 4 (13) "Kratom," any part of the leaf of the plant Mitragyna speciosa; 5 (14) "Kratom product," a food as defined in § 39-4-1, or dietary ingredient, containing 6 kratom; 7 (15) "Manufacture," the production, preparation, propagation, compounding, or 8 processing of a controlled drug or substance, either directly or indirectly by 9 extraction from substances of natural origin, or independently by means of 10 chemical synthesis or by a combination of extraction and chemical synthesis. A 11 manufacturer does not include a practitioner who dispenses or compounds 12 prescription orders for delivery to the ultimate consumer; 13 (16) "Marijuana," all parts of any plant of the genus cannabis, whether growing or not; 14 the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or 15 preparation of such the plant or its seeds. The term does not include fiber: 16 include: (a) Fiber produced from the mature stalks of the plant, or oil or cake made from 17 the seeds of the plant, or the resin when extracted from any part of the 18 plant, or a; 19 plant; (b) A drug product approved by the United States Food and Drug 20 Administration. The term does not include the plant Cannabis sativa L. and 21 any part of that plant, including the seeds thereof and all derivatives, 22 extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether 23 growing Administration; or not, with a delta-9 tetrahydrocannabinol concentration of not 24 more than three-tenths of one percent on a dry weight basis; or 25 (c) Industrial hemp, as defined in § 38-35-1; 26 (17) "Narcotic drug," any of the following, whether produced directly or indirectly by 27 extraction from substances of vegetable origin or independently by means of 28 chemical synthesis, or by a combination of extraction and chemical synthesis: 29 (a) Opium, coca leaves, or opiates; 30 (b) A compound, manufacture, salt, derivative, or preparation of opium, coca 31 leaves, or opiates; or 32 (c) A substance, and any compound, manufacture, salt, derivative, or 33 preparation thereof, that is chemically identical to any of the substances 34 referred to in subsections (a) and (b) of this subdivision; 35 26.360.14 4 1016 Underscores indicate new language. Overstrikes indicate deleted language. The term, narcotic drug, does not include decocainized coca leaves or extracts of coca 1 leaves, which extracts do not contain cocaine or ecgonine; 2 (18) "Opiate" or "opioid," any controlled drug or substance having an addiction-3 sustaining addiction-sustaining liability similar to morphine or being capable of conversion into a drug 4 having such addiction-forming or addiction-sustaining liability; 5 26.360.15 4 1016 HB1016 ENROLLED (19) "Opium poppy," the plant of the species papaver somniferum L., except the seeds 6 thereof; 7 (20) "Person," any corporation, association, limited liability company, partnership, or 8 one or more individuals; 9 (21) "Poppy straw," all parts, except the seeds, of the opium poppy, after mowing; 10 (22)(21) (21) "Practitioner,": 11 (a) A physician licensed pursuant to chapter 36-4, a physician assistant licensed 12 pursuant to chapter 36-4A, a dentist licensed pursuant to chapter 36-6A, 13 an optometrist licensed pursuant to chapter 36-7, a podiatrist licensed 14 pursuant to chapter 36-8, a certified registered nurse anesthetist licensed 15 pursuant to chapter 36-9, a certified nurse practitioner or certified nurse 16 midwife licensed pursuant to chapter 36-9A, a pharmacist licensed pursuant 17 to chapter 36-11, or a veterinarian licensed pursuant to chapter 36-12; 18 (b) A government employee acting within the scope of employment; and 19 (c) A person permitted by a certificate issued by the department to distribute, 20 dispense, conduct research with respect to, or administer a substance 21 controlled by this chapter; 22 (23)(22) (22) "Prescription," an order of a practitioner for a controlled drug or substance; and 23 (24) "Production," the manufacture, planting, cultivation, growing, or harvesting of a 24 controlled drug or substance; 25 (25)(23) (23) "Ultimate user," a person who lawfully possesses a controlled drug or substance 26 for personal use or for the use of a member of the person's household, or for 27 administration to an animal owned by the person or by a member of the person's 28 household. 29 Section 2. That § 34-20B-12 be AMENDED: 30 34-20B-12. Any of the following substances, including their isomers, esters, 31 ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule I, unless 32 specifically excepted, whenever the existence of such the isomers, esters, ethers, and 33 salts is possible within the specific chemical designation: 34 26.360.14 5 1016 Underscores indicate new language. Overstrikes indicate deleted language. (1) Acetylmethadol; 1 (2) Allylprodine; 2 (3) Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-3 acetylmethadol, levo-alpha-acetylmethadol, levomethadyl acetate or LAAM; 4 (4) Alphameprodine; 5 (5) Alphamethadol; 6 (6) Benzethidine; 7 (7) Betacetylmethadol; 8 (8) Betameprodine; 9 26.360.15 5 1016 HB1016 ENROLLED (9) Betamethadol; 10 (10) Betaprodine; 11 (11) Clonitazene; 12 (12) Dextromoramide; 13 (13) Diampromide; 14 (14) Diethyliambutene; 15 (15) Dimenoxadol; 16 (16) Dimepheptanol; 17 (17) Dimethyliambutene; 18 (18) Dioxaphetyl butyrate; 19 (19) Dipipanone; 20 (20) Ethylmethylthiambutene; 21 (21) Etonitazene; 22 (22) Etoxeridine; 23 (23) Fenethylline; 24 (24) Furethidine; 25 (25) Hydroxypethidine; 26 (26) Ketobemidone; 27 (27) Levomoramide; 28 (28) Levophenacylmorphan; 29 (29) Mecloqualone; 30 (30) Morpheridine; 31 (31) Noracymethadol; 32 (32) Norlevorphanol; 33 (33) Normethadone; 34 (34) Norpipanone; 35 26.360.14 (35) Phenadoxone; (36) Phenampromide; (37) Phenomorphan; (38) Phenoperidine; (39) Piritramide; (40) Proheptazine; (41) Properidine; (42) Racemoramide; (43) Trimeperidine; 26.360.15 6 1016 Underscores indicate new language. Overstrikes indicate deleted language. (35) Phenadoxone; 1 (36) Phenampromide; 2 (37) Phenomorphan; 3 (38) Phenoperidine; 4 (39) Piritramide; 5 (40) Proheptazine; 6 (41) Properidine; 7 (42) Racemoramide; 8 (43) Trimeperidine; 9 HB1016 ENROLLED (44) Methaqualone; 10 (45) N-benzylpiperazine; 11 (46) 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]-benzenesulfonamide, 12 W-18; 13 (47) N,N-diethyl-2-(2-(4 -isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-14 amine, N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine, also known as isotonitazene; 15 (48) 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine 16 (butonitazene); 17 (49) 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine 18 (etodesnitazene, etazene); 19 (50) N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine) 20 (flunitazene); 21 (51) N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine 22 (metodesnitazene); 23 (52) N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-24 amine N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine (metonitazene); 25 (53) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole (N-26 pyrrolidino (N-pyrrolidino etonitazene, etonitazepyne); 27 (54) N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine 28 (protonitazene); 29 (55) 7-[(10,11-dihydro-5 H -dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid) 30 (amineptine); 31 (56) N -phenyl- N′ -(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-32 yl)carbamimidate) -(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate) (mesocarb); and 33 (57) N -methyl-1-(thiophen-2-yl)propan-2-amine (methiopropamine); 34 26.360.14 7 1016 Underscores indicate new language. Overstrikes indicate deleted language. (58) N-ethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzo[d]imidazol-1-yl)ethan-1-1 amine N-ethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzo[d]imidazol-1-yl)ethan-1-amine (N-Desethyl Isotonitazene); and 2 (59) Ethyl 2-phenyl-2-(piperidin-2-yl)acetate) (ethylphenidate). 3 Section 3. That § 34-20B-13 be AMENDED: 4 34-20B-13. Any of the following opium derivatives and opiates, their salts, 5 isomers, esters, ethers, and salts of isomers, esters, and ethers, is included in Schedule 6 I, unless specifically excepted, whenever the existence of the salts, isomers, esters, 7 ethers, and salts of isomers, esters, and ethers is possible within the specific chemical 8 designation: 9 26.360.15 7 1016 HB1016 ENROLLED (1) Acetylcodone; 10 (2) Benzylmorphine; 11 (3) Codeine methylbromide; 12 (4) Codeine-N-Oxide; 13 (5) Desomorphine; 14 (6) Drotebanol; 15 (7) Heroin; 16 (8) Hydromorphinol; 17 (9) Methyldesorphine; 18 (10) Methylhydromorphine; 19 (11) Morphine methylbromide; 20 (12) Morphine methylsulfonate; 21 (13) Morphine-N-Oxide; 22 (14) Myrophine; 23 (15) Nicocodeine; 24 (16) Nicomorphine; 25 (17) Normorphine; 26 (18) Thebacon; 27 (19) 3-Methylfentanyl; 28 (20) Fentanyl analogs. Any substituted derivatives of fentanyl unless specifically 29 excepted, listed in another schedule, or contained within a pharmaceutical product 30 approved by the United States Food and Drug Administration, that is structurally 31 related to fentanyl by modification in any one or more of the following ways: 32 (a) By replacement of the phenyl portion of the phenethyl group by any 33 monocycle whether or not further substituted in or on the monocycle; 34 26.360.14 8 1016 Underscores indicate new language. Overstrikes indicate deleted language. (b) By substitution in or on or replacement of the phenethyl group with alkyl, 1 alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; 2 (c) By substitution in or on the piperadine ring with alkyl, alkenyl, alkoxyl, 3 ester, ether, hydroxyl, halo, haloalkyl, amino, phenyl, substituted phenyl, 4 or nitro groups; 5 (d) By replacement of the aniline ring with any aromatic monocycle whether or 6 not further substituted in or on the aromatic monocycle; or 7 (e) By the replacement of the N-propionyl group by another acyl group. 8 Some trade and other names: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl 9 fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (furanyl 10 26.360.15 8 1016 HB1016 ENROLLED fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl, 11 acryloylfentanyl); N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-12 fluorofentanyl (ortho-fluorofentanyl or 2-fluorofentanyl); N-(1-phenethylpiperidin-4-yl)-N-13 phenyltetrahydrofuran-2-carboxamide N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (tetrahydrofuranyl fentanyl); 2-methoxy-N-(1-14 phenethylpiperidin-4-yl)-N-phenylacetamide 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl fentanyl); N-(1-15 phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (cyclopropyl fentanyl), N-16 phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide (valeryl fentanyl); N-(1-17 phenethylpiperidin-4-yl)-N-phenylbutyramide (butyrl butyryl N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (butyryl fentanyl); N-[1-(2-hydroxy-18 2-thiophen-2-ylethyl)piperidin-4-yl]-N-phenylpropanamide N-[1-(2-hydroxy-2-thiophen-2-ylethyl)piperidin-4-yl]-N-phenylpropanamide (Beta-Hydroxythiofentanyl); 19 N-(4-fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (para-fluorobutyryl 20 fentanyl); N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (para-21 methoxybutyryl (para-methoxybutyryl fentanyl); N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-22 yl)isobutyramide N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-chloroisobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-23 phenylisobutyramide N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-24 phenylcyclopentanecarboxamide N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl fentanyl); N-(2-fluorophenyl)-2-methoxy-25 N-(1-phenethylpiperidin-4-yl)acetamide N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil); N-(4-fluorophenyl)-N-(1-26 phenethylpiperidin-4-yl)isobutyramide N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-fluoroisobutyryl fentanyl); (E)-N-(1-27 phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (Crotonyl fentanyl); 28 (21) 1-Methyl-4-phenyl-4-propionoxypiperidine; 29 (22) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine; 30 (23) 3,4-dichloro-N[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700); 31 (24) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45); 32 (25) 3,4-dichloro-N-[(1dimethylamino)cyclohexylmethyl]benzamide (AH-7921); 33 (26) 2-(2,4-dichlorophenyl)-N-2-(dimethylamino)cyclohexyl)-N-methylacetamide (U-34 48800); 35 26.360.14 9 1016 Underscores indicate new language. Overstrikes indicate deleted language. (U-48800); (27) Trans-3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methyl-benzamide (U-1 49900); 2 (U-49900); (28) N-[2-(dimethylamino)cyclohexyl]-N-methyl-1,3-benzodioxole-5-carboxamide 3 (Methylenedioxy-U-47700); 4 (29) 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-isopropylbenzamide (Isopropyl-5 U-47700); 6 (Isopropyl-U-47700); (30) 1-(1,2-Diphenylethyl)piperidine (Diphenidine); 7 (31) N-Ethyl-1,2-diphenylethylamine (Ephenidine); 8 (32) 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-9 2-one 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one (Brorphine); 10 26.360.15 9 1016 HB1016 ENROLLED (33) 1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol) 11 (Zipeprol); and 12 (34) 2-Methyl AP-237 (1Methyl-4(3Phenylprop-2-en-1-yl)Piperizin-1-yl)Butan-1-one) 13 (1-(2-methyl-4(3phenylprop-2-en-1-yl)piperizin-1-yl)butan-1-one). 14 Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace, 15 health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force 16 and effect from and after its passage and approval. 17 26.360.15 10 1016 HB1016 ENROLLED An Act to modify provisions related to the controlled substances schedule and to declare an emergency. I certify that the attached Act originated in the: House as Bill No. 1016 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1016 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State