This bill updates South Dakota's rules on synthetic cannabinoids by making it illegal for anyone to sell, give, or provide delta-8 THC, THC-O acetate, or hexahydrocannabinol products to people under age 21, with an exception only for prescribed medical use or if a parent or guardian obtains it as medicine from a doctor. The bill also makes it illegal for minors to purchase, possess, or consume these products except when prescribed by a healthcare provider. These restrictions now apply to four specific cannabis-related compounds rather than just the ones previously regulated.
This bill does not directly amend codified state law.
The amendment WEAKENS the bill by creating a significant exception to the ban on selling these substances to minors: sellers and givers can now avoid prosecution if the minor obtained the product via a valid prescription or order from a practitioner, and it reduces the penalty for illegal sales from a Class 6 felony to a Class 1 misdemeanor. This carves out medical use and substantially lowers criminal consequences for violations.
The amendment corrects two instances of "THC-8 O" and "THC-14 O" to the proper term "THC-O" and changes the grammatical construction in subsection (3) from "unless the:" to "unless:" — these are technical corrections that clarify the bill's language without altering its substantive regulation of these cannabinoids for minors.
Signed by the Governor S.J. 548
Delivered to the Governor S.J. 488
Signed by the Speaker H.J. 530
Signed by the President S.J. 470
House of Representatives Do Pass Amended Passed, YEAS 65, NAYS 1. H.J. 486
Judiciary Certified uncontested, placed on consent H.J. 31
Judiciary Do Pass Passed, YEAS 12, NAYS 0. H.J. 31
Judiciary Scheduled for hearing
House of Representatives Referred to House Judiciary H.J. 137
First Reading House H.J. 125
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 83
Judiciary Certified uncontested, placed on consent S.J. 3
Judiciary Do Pass Amended Passed, YEAS 6, NAYS 0. S.J. 3
Judiciary Motion to amend S.J. 3
Judiciary Scheduled for hearing
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 13
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass Amended