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HB 1016 South Dakota House · 2026 Regular Session

modify provisions related to the controlled substances schedule and to declare an emergency.

HB 1016 amends South Dakota's controlled substances law by adding a new definition for "chemically derived cannabinoid" and adjusting the definition of "controlled substance analogue." The bill specifies that certain cannabinoid products - such as those created through natural decarboxylation (without chemical catalysts), non-psychoactive cannabinoids, and topical creams - will not be classified as "chemically derived cannabinoids." It also clarifies that "controlled substance analogues" do not include substances with an approved new drug application. These changes directly affect how cannabinoid products are regulated by the Department of Health, impacting businesses, dispensaries, and consumers in the state's cannabis-related industry.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Jan 2026
House Passage
Feb 2026
Senate Passage
Feb 2026
Signed into Law
Feb 2026
Introduced Jan 13, 2026 Signed Feb 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 5 edits · Feb 3, 2026
MODERATE
This bill enrolls House Bill 1016, which modifies controlled substance definitions in South Dakota law. The primary changes involve updating terminology and adding specific definitions for modern substances like cannabinoids, kratom, and marijuana to ensure legal clarity and consistency with current drug classifications.
Scope change
The bill expands the scope of controlled substance definitions to include specific modern substances and clarifies existing definitions for enforcement purposes.
DEFINITION

Added definition for 'Chemically derived cannabinoid' to clarify what substances are excluded from controlled substance schedules, including those produced by decarboxylation without chemical catalysts, non-psychoactive cannabinoids, and topical cream products.

Added definition for 'Kratom' and 'Kratom product' to bring these substances under the controlled substance regulatory framework.

Added definition for 'Marijuana' with specific exclusions for fiber, FDA-approved drug products, and industrial hemp to clarify what is and isn't controlled.

Added definition for 'Controlled substance analogue' to provide clearer criteria for determining when substances similar to controlled drugs are also regulated.

Modified the document structure from a browser compatibility notice to the actual legislative text, converting the bill from draft to enrolled status for final passage.

Floor votes · Senate Feb 2, 2026 · House Jan 21, 2026

How they voted

34–0
Passed · 1 other
Total votes 35
Feb 2, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
14
Key actions
8
Committee
3
Feb 12, 2026
Signed into law
Signed by the Governor on 2026-02-12 H.J. 304
executive
Feb 4, 2026
Lower · Passed
Signed by the President S.J. 186
lower
Feb 3, 2026
Lower · Passed
Signed by the Speaker H.J. 210
lower
Feb 2, 2026
Lower · Passed
Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 163
lower
Jan 29, 2026
Lower · Passed
Senate Deferred to another day , Passed, S.J. 147
lower
Jan 28, 2026
Lower · Passed
Health and Human Services Do Pass , Passed, YEAS 7, NAYS 0 S.J. 5
lower
Jan 23, 2026
Committee
Referred to Senate Health and Human Services S.J. 93
lower
Jan 21, 2026
Lower · Passed
House of Representatives Do Pass , Passed, YEAS 61, NAYS 7 H.J. 107
lower
Jan 20, 2026
Lower · Passed
Health and Human Services Do Pass , Passed, YEAS 13, NAYS 0
lower
Jan 13, 2026
Introduced
First read in House and referred to House Health and Human Services H.J. 12
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.