South Dakota's industrial hemp law is being overhauled to streamline regulations and clarify definitions, including raising the allowed THC limit from 0.3% to 0.3% on a dry weight basis and explicitly prohibiting certain chemically-derived cannabinoids (like delta-8 THC, delta-10 THC, and HHC) from being sold as hemp products. The bill eliminates nearly all of the old hemp licensing and regulatory sections, replacing them with a simpler framework that aligns with federal USDA hemp regulations. This significantly reduces the state's direct oversight of hemp production and shifts compliance responsibility to federally-licensed growers.
The amendment reorganizes and renumbers the definitions section of the industrial hemp law, moving several definitions around and clarifying that greenhouse language applies to structures "not part of a residential dwelling" rather than those "which is" not part of one. While primarily a technical reordering that NARROWS certain language for clarity, the substantive changes are minimal and do not fundamentally alter the bill's regulatory framework for industrial hemp production.
The enrolled version substantially simplified the bill by removing detailed definitions (like "applicant," "key participant," "greenhouse," "lot," and "industrial hemp stalk bale") while retaining core hemp-related terms, effectively NARROWING the regulatory scope and reducing definitional complexity in the industrial hemp statute.
Signed by the Governor S.J. 548
Delivered to the Governor S.J. 539
Signed by the Speaker H.J. 560
Signed by the President S.J. 525
Senate Concurred in amendments Passed, YEAS 31, NAYS 3. S.J. 511
House of Representatives Do Pass Amended Passed, YEAS 55, NAYS 12. H.J. 525
Agriculture and Natural Resources Do Pass Amended Passed, YEAS 8, NAYS 3. H.J. 35
Agriculture and Natural Resources Motion to amend H.J. 35
Agriculture and Natural Resources Scheduled for hearing H.J. 1
First read in House and referred to House Agriculture and Natural Resources H.J. 136
Senate Do Pass Passed, YEAS 30, NAYS 4. S.J. 95
Agriculture and Natural Resources Do Pass Passed, YEAS 6, NAYS 1. S.J. 5
Agriculture and Natural Resources Scheduled for hearing S.J. 1
Agriculture and Natural Resources Scheduled for hearing
First read in Senate and referred to Senate Agriculture and Natural Resources S.J. 10
Concurred in amendments
Do Pass Amended
Agriculture and Natural Resources — Do Pass Amended
Do Pass
Agriculture and Natural Resources — Do Pass