SB 61 South Dakota Senate · 2026 Regular Session

ban hemp-derived intoxicants not for medical purposes.

South Dakota's SB 61 bans the sale, distribution, and possession of hemp-derived products containing chemically modified or synthesized cannabinoids (like delta-8, delta-9, or delta-10 THC) intended for human or animal consumption, unless they are approved medical products. The bill specifically prohibits products where cannabinoids exceed 0.4 milligrams combined per container, are not naturally produced by hemp, or were created through chemical processes. It directly affects commercial sellers and consumers of non-medical hemp products (such as gummies, edibles, or vape cartridges) containing these synthetic or modified compounds. Medical cannabis products regulated under Chapter 34-20G are exempt from these restrictions.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Jan 2026

Senate Passage

Jan 2026

House Passage

Governor

Introduced Jan 13, 2026 Last action Jan 22, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Senate Health and Human Services Engrossed · 5 edits · Jan 21, 2026

MODERATE

This bill introduces new restrictions on hemp-derived intoxicants in South Dakota, specifically targeting synthetic cannabinoids like delta-8 and delta-10 THC. The legislation amends existing hemp laws to ban the chemical conversion of industrial hemp into psychoactive compounds and prohibits the sale, distribution, possession, or consumption of products containing these synthetically created cannabinoids. The changes clarify definitions of 'chemically derived cannabinoids' and establish specific THC concentration thresholds for hemp products.

Scope change

The bill expands regulatory oversight of hemp products by adding restrictions on synthetic cannabinoids that were previously not explicitly covered under existing hemp laws.

REQUIREMENT

Prohibits chemical modification or conversion of industrial hemp into delta-8, delta-9, delta-10, and other tetrahydrocannabinol isomers, analogs, or derivatives

Bans sale, distribution, possession, manufacture, or consumption of hemp products containing synthetically created cannabinoids or those with more than 0.4 milligrams of THC isomers per container

DEFINITION

Adds definition of 'chemically derived cannabinoid' as substances created by chemical reactions that change molecular structure of cannabis-derived substances, with specific exceptions for decarboxylation without catalysts and topical creams

Updates 'industrial hemp product' definition to explicitly exclude products containing chemically derived cannabinoids including delta-8 and delta-10 THC

ENFORCEMENT

Establishes violations of the hemp restrictions as Class 2 misdemeanors

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jan 22, 2026

Upper · Passed

Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 14, NAYS 19 S.J. 82

upper

Jan 21, 2026

Upper · Passed

Health and Human Services Report out of committee without recommendation as amended , Passed, YEAS 7, NAYS 0 S.J. 4

upper

Jan 21, 2026

Introduced

Health and Human Services Motion to amend , Passed, S.J. 3 Amendment 61A

upper

Jan 13, 2026

Introduced

First read in Senate and referred to Senate Health and Human Services S.J. 13

upper

9 primary · 0 co-sponsors