reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance.
HB 1099 would reclassify FDA-approved psilocybin medications from Schedule I to Schedule IV under South Dakota law. This change would allow medical providers to prescribe these specific pharmaceutical products without the strict restrictions currently applied to Schedule I substances. The bill specifically affects only psilocybin in drug products approved by the FDA, not raw psilocybin or unapproved formulations. This amendment aligns South Dakota's scheduling with federal approval status for medical use.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 21, 2026
Signed Mar 10, 2026
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
Enrolled
·
1 edit
·
Mar 3, 2026
MINOR
This bill amends South Dakota's controlled substances list to create a specific exemption for pharmaceutical-grade psilocybin. While psilocybin remains a Schedule I substance, the law now explicitly excludes FDA-approved drug products containing crystalline polymorph psilocybin from this classification. This change aligns state law with federal regulations that allow for the legal use of psilocybin in approved clinical trials and treatments.
Scope change
The bill narrows the scope of Schedule I prohibition by adding a specific exception for FDA-approved psilocybin drug products, whereas previously all forms of psilocybin were broadly prohibited.
ELIGIBILITY
Added an explicit exception for the pharmaceutical composition of crystalline polymorph psilocybin in FDA-approved drug products, removing them from the Schedule I list.
Floor votes · Senate Mar 2, 2026 · House Feb 9, 2026
How they voted
21–12
Passed · 2 other
Total votes 35
Mar 2, 2026
D
Democratic3
100% Yea
R
Republican32
56% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
14
Key actions
8
Committee
2
Mar 10, 2026
Signed into law
Signed by the Governor on 2026-03-10 H.J. 547
executive
Mar 4, 2026
Upper · Passed
Signed by the President S.J. 470
upper
Mar 3, 2026
Upper · Passed
Signed by the Speaker H.J. 492
upper
Mar 2, 2026
Upper · Passed
Senate Do Pass , Passed, YEAS 21, NAYS 12 S.J. 429
upper
Feb 25, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed, S.J. 21
upper
Feb 25, 2026
Upper · Passed
Health and Human Services Do Pass , Passed, YEAS 6, NAYS 0 S.J. 21
upper
Feb 10, 2026
Introduced
First read in Senate and referred to Senate Health and Human Services S.J. 232
upper
Feb 9, 2026
Lower · Passed
House of Representatives Do Pass , Passed, YEAS 58, NAYS 7 H.J. 265
lower
Feb 5, 2026
Lower · Passed
Health and Human Services Do Pass , Passed, YEAS 13, NAYS 0 H.J. 13
lower
Jan 21, 2026
Introduced
First read in House and referred to House Health and Human Services H.J. 104
lower
13 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Brandon Wipf
RRepublican
P
Brian Mulder
RRepublican
P
Carl Perry
RRepublican
P
Eric Emery
DDemocratic
P
Erik Muckey
DDemocratic
P
Kadyn Wittman
DDemocratic
P
Mellissa Heermann
RRepublican
P
Nicole Uhre-Balk
DDemocratic
P
Scott Moore
RRepublican
P
Sydney Davis
RRepublican
P
Taylor Rehfeldt
RRepublican
P
Tim Goodwin
RRepublican
P
Tom Pischke
RRepublican
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