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SB 39 South Dakota Senate · 2026 Regular Session

revise provisions relating to industrial hemp.

SB 39 revises South Dakota's legal definitions for industrial hemp by clarifying what qualifies as an "industrial hemp product." The bill specifically excludes products containing certain chemically derived cannabinoids (like Delta-8 THC, Delta-10 THC, THC-O, HHC, and THCP) from being classified as industrial hemp products. It also defines key terms such as "greenhouse" (requiring 2,880 sq. ft. minimum), "industrial hemp stalk bale," and "licensed hemp producer" under USDA guidelines. This amendment directly affects hemp businesses, processors, and growers by setting clear standards for product eligibility and licensing under state law. The change ensures only hemp-derived products with ≤0.3% delta-9 THC (excluding specified synthetically altered cannabinoids) can be legally marketed as industrial hemp products.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Jan 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 13, 2026 Signed Mar 30, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

House Agriculture and Natural Resources Engrossed → Enrolled · 5 edits · Mar 11, 2026
MODERATE
This bill updates South Dakota's industrial hemp laws to align with federal regulations and modernize the regulatory framework. It defines new terms for processors and transporters, requires specific documentation for moving hemp across the state, and repeals outdated sections to streamline the program.
Scope change
The bill expands the scope of the hemp program by introducing specific roles for 'processors' and 'transporters' and clarifying that only licensed producers can grow hemp, while repealing previous sections that are no longer needed.
DEFINITION

Added new definitions for 'Processor' and 'Product in process' to clarify the roles of entities converting raw hemp into finished goods.

Updated the definition of 'Hemp' to specify a total delta-9 tetrahydrocannabinol concentration limit of 0.3% on a dry weight basis.

REQUIREMENT

Requires transporters and licensed producers to carry specific licenses and manifests when moving hemp to ensure compliance and traceability.

Repealed multiple existing sections (38-35-2 through 38-35-22) that are considered outdated or superseded by the new provisions.

TIMELINE

Set the effective date of the new hemp regulations to begin on January 1, 2027.

Floor votes · Senate Jan 23, 2026 · House Mar 5, 2026

How they voted

30–4
Passed · 1 other
Total votes 35
Jan 23, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
27 Yea 4 Nay 1
84% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
9
Committee
3
Amendments
1
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 S.J. 548
executive
Mar 11, 2026
Lower · Passed
Signed by the Speaker H.J. 560
lower
Mar 11, 2026
Lower · Passed
Signed by the President S.J. 525
lower
Mar 10, 2026
Lower · Passed
Senate Concurred in amendments , Passed, YEAS 31, NAYS 3 S.J. 511
lower
Mar 5, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 55, NAYS 12 H.J. 525
lower
Mar 5, 2026
House · Passed
House Vote: pass (55-12-3)
house
Mar 3, 2026
Lower · Passed
Agriculture and Natural Resources Do Pass Amended , Passed, YEAS 8, NAYS 3 H.J. 35
lower
Mar 3, 2026
Introduced
Agriculture and Natural Resources Motion to amend , Passed, H.J. 35 Amendment 39B
lower
Jan 26, 2026
Introduced
First read in House and referred to House Agriculture and Natural Resources H.J. 136
lower
Jan 23, 2026
Upper · Passed
Senate Do Pass , Passed, YEAS 30, NAYS 4 S.J. 95
upper
Jan 22, 2026
Upper · Passed
Agriculture and Natural Resources Do Pass , Passed, YEAS 6, NAYS 1 S.J. 5
upper
Jan 13, 2026
Introduced
First read in Senate and referred to Senate Agriculture and Natural Resources S.J. 10
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.