Agriculture and Natural Resources

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.

SB 40 revises South Dakota's rules on foreign ownership of agricultural land. It clarifies that foreign entities (including foreign governments and individuals) cannot own more than 160 acres of agricultural land, except for land inherited or held as security for debt. The bill requires foreign landowners to submit copies of their federal reports (under the Agricultural Foreign Investment Disclosure Act) to the state Department of Agriculture, with a civil penalty of up to 10% of the land's fair market value for failing to report. Violations of ownership limits may result in land forfeiture or lease termination, enforced by the Attorney General.

SB 124 bans the manufacture, sale, and distribution of products containing cell-cultured protein in South Dakota from July 1, 2026, through June 30, 2036. It directly affects food businesses, restaurants, and retailers selling such products, defining "cell-cultured protein" as any human food product grown from animal cells outside a live animal (excluding fermented foods, pharmaceuticals, and similar non-meat products). Violations are classified as Class 2 misdemeanors, with the state department authorized to inspect food establishments, issue stop-sale orders, and potentially suspend business licenses upon conviction. The law creates a 10-year temporary prohibition without specifying broader regulatory changes beyond this ban.

SB 156 modifies South Dakota's animal cruelty law by adding a new classification for the most severe cases. It makes it a Class 4 felony to commit cruelty "in an especially depraved, heinous, sadistic, or wicked manner," elevating penalties for extreme acts. This directly affects individuals convicted of particularly brutal animal cruelty, moving such cases from lower-level offenses to felony charges. The bill specifically amends Section 40-1-2.4 of South Dakota law to establish this higher penalty tier.

SB 115 removes a specific rule that previously prohibited hunting mourning doves on highways or public rights-of-way in South Dakota. The bill amends existing law to allow hunting mourning doves (previously excluded) in areas where small game hunting is otherwise permitted on highways and public rights-of-way. This change directly affects hunters who wish to pursue mourning doves near roads or public pathways that were previously restricted. The bill does not alter other hunting rules, safety zones, or penalties related to firearm discharge near dwellings or schools.