Changes to Existing Law

26.460.10 26.460.11 101st Legislative Session 45 2026 South Dakota Legislature Senate Bill 45 SENATE JUDICIARY ENGROSSED Introduced by: The Chair of the Committee on Judiciary at the request of the Attorney General Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, 1 and hexahydrocannabinol for persons under the age of twenty-one and to 2 provide a penalty therefor. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 34-20B-117 be AMENDED: 5 34-20B-117. The following actions are unlawful: 6 (1) To knowingly sell or distribute a product intended for human consumption 7 containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-8 O acetate, or hexahydrocannabinol to a person under the age of twenty-one; twenty-one, unless 9 the substance was obtained directly or pursuant to a valid prescription or order 10 from a practitioner, acting in the course of the practitioner's professional practice; 11 (2) The purchase or attempt to purchase, the receipt or attempt to receive, the 10 12 possession, or the consumption of, a product intended for human consumption 11 13 containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-12 THC-14 O acetate, or hexahydrocannabinol to by a person under the age of twenty-one; 13 twenty-one, 15 unless the substance was obtained directly or pursuant to a valid prescription or 16 order from a practitioner, acting in the course of the practitioner's professional 17 practice; and 14 18 (3) To purchase a product intended for human consumption containing delta-8 15 19 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or 16 20 hexahydrocannabinol on behalf of, or to give a product intended for human 17 21 consumption containing delta-8 tetrahydrocannabinol, delta-9 22 tetrahydrocannabinolic acid, THC-O acetate, or 18 hexahydrocannabinol to, any 23 person under the age of twenty-one, unless the 19 the: 24 (a) The purchaser is a parent or guardian of the person under the age of twenty-one. 20 25 twenty-one; and 26 26.460.11 2 45 Underscores indicate new language. Overstrikes indicate deleted language. (b) The substance was obtained directly or pursuant to a valid prescription or 1 order from a practitioner, acting in the course of the practitioner's 2 professional practice. 3 A violation of this section subdivision (1) is a Class 6 felony. 1 misdemeanor. A violation of 21 4 subdivision (2) or (3) is a Class 2 misdemeanor. 22 5

26.460.11 26.460.12 101st Legislative Session 45 2026 South Dakota Legislature Senate Bill 45 SENATE JUDICIARY ENGROSSED Introduced by: The Chair of the Committee on Judiciary at the request of the Attorney General Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, 1 and hexahydrocannabinol for persons under the age of twenty-one and to 2 provide a penalty therefor. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 34-20B-117 be AMENDED: 5 34-20B-117. The following actions are unlawful: 6 (1) To knowingly sell or distribute a product intended for human consumption 7 containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-8 O THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one, unless 9 the substance was obtained directly or pursuant to a valid prescription or order 10 from a practitioner, acting in the course of the practitioner's professional practice; 11 (2) The purchase or attempt to purchase, the receipt or attempt to receive, the 12 possession, or the consumption of, a product intended for human consumption 13 containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-14 O THC-O acetate, or hexahydrocannabinol to by a person under the age of twenty-one, 15 unless the substance was obtained directly or pursuant to a valid prescription or 16 order from a practitioner, acting in the course of the practitioner's professional 17 practice; and 18 (3) To purchase a product intended for human consumption containing delta-8 19 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or 20 hexahydrocannabinol on behalf of, or to give a product intended for human 21 consumption containing delta-8 tetrahydrocannabinol, delta-9 22 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol to, any 23 person under the age of twenty-one, unless the: 24 unless: (a) The purchaser is a parent or guardian of the person under the age of 25 twenty-one; and 26 26.460.11 26.460.12 2 45 Underscores indicate new language. Overstrikes indicate deleted language. SB45 ENROLLED (b) The substance was obtained directly or pursuant to a valid prescription or 1 order from a practitioner, acting in the course of the practitioner's 2 professional practice. 3 A violation of this section subdivision (1) is a Class 1 misdemeanor. A violation of 4 subdivision (2) or (3) is a Class 2 misdemeanor. 5 26.460.12 3 45 SB45 ENROLLED An Act to revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for persons under the age of twenty-one and to provide a penalty therefor. I certify that the attached Act originated in the: Senate as Bill No. 45 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 45 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