HB 1220 South Dakota House · 2026 Regular Session

regulate the sale of nicotine products, and to provide a penalty therefor.

HB 1220 regulates the retail sale of nicotine products in South Dakota by requiring retailers to obtain a $1,000 license for each business location. It bans sales to anyone under 21, prohibits sales through vending machines, online, by phone, or in-person at locations within 1,000 feet of schools (with exceptions for pre-July 1, 2026, stores), and forbids free samples. Retailers must display age restriction signs and maintain sales records. The bill defines "nicotine products" broadly to include nicotine analogs (unless FDA-approved) and directly affects stores selling e-cigarettes, nicotine pouches, and similar items.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 29, 2026 Signed Mar 30, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Senate Engrossed Enrolled · 6 edits · Mar 11, 2026
MODERATE
This bill regulates the sale of nicotine products in South Dakota by establishing licensing requirements for distributors and wholesalers, creating a dedicated enforcement fund, and defining key terms like 'nicotine product' and 'vapor product'. The changes ensure proper oversight of nicotine sales while maintaining consistency with existing tobacco regulations.
Scope change
The bill expands regulatory coverage to include all nicotine products (including vapor products and nicotine analogs) beyond just traditional tobacco products, requiring separate licensing for each business location selling these products.
DEFINITION

New definitions for 'alternative nicotine product', 'nicotine analog', 'nicotine product', and 'vapor product' to clarify what items fall under regulation.

REQUIREMENT

Mandatory licensing requirements for distributors and wholesalers with a $1,000 fee, requiring separate licenses for multiple business locations.

FISCAL

Establishes a 'nicotine enforcement fund' to collect license fees and ensure proper oversight of nicotine product sales.

ENFORCEMENT

Creates penalty provisions including Class 1 misdemeanor for unlicensed sales and Class 2 misdemeanor for documentation violations.

ELIGIBILITY

Sets eligibility criteria for distributor licenses including tax compliance requirements and application procedures.

TIMELINE

Establishes license validity period from July 1 through June 30 with provisions for renewal timing.

Floor votes · Senate Mar 5, 2026 · House Mar 10, 2026

How they voted

277
Passed · 1 other
Total votes 35
Mar 5, 2026
D Democratic3
2 Yea 1 Nay
66% Yea
R Republican32
25 Yea 6 Nay 1
78% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
10
Committee
4
Amendments
2
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 H.J. 579
executive
Mar 12, 2026
Upper · Passed
Signed by the President S.J. 528
upper
Mar 11, 2026
Upper · Passed
Signed by the Speaker H.J. 560
upper
Mar 10, 2026
Upper · Passed
House of Representatives Concurred in amendments , Passed, YEAS 60, NAYS 7 H.J. 548
upper
Mar 5, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 27, NAYS 7 S.J. 484
upper
Mar 5, 2026
Introduced
Senate Motion to amend , Passed, S.J. 483 Amendment 1220F
upper
Mar 5, 2026
Senate · Passed
Senate Vote: pass (27-7-1)
senate
Mar 2, 2026
Upper · Passed
Health and Human Services Do Pass Amended , Passed, YEAS 5, NAYS 2 S.J. 25
upper
Mar 2, 2026
Introduced
Health and Human Services Motion to amend , Passed, S.J. 25 Amendment 1220E
upper
Feb 20, 2026
Introduced
First read in Senate and referred to Senate Health and Human Services S.J. 340
upper
Feb 19, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 40, NAYS 25 H.J. 370
lower
Feb 17, 2026
Lower · Passed
Health and Human Services Do Pass Amended , Passed, YEAS 11, NAYS 2
lower
Feb 17, 2026
Lower · Passed
Health and Human Services Hoghoused , Passed,
lower
Jan 29, 2026
Introduced
First read in House and referred to House Health and Human Services H.J. 177
lower
6 primary · 0 co-sponsors

Sponsors