This bill amends existing provisions related to industrial hemp in South Dakota, specifically updating definitions and requirements for the cultivation, processing, and transportation of hemp. Key definitions include "hemp" or "industrial hemp," which refers to the Cannabis sativa L. plant with a delta-9 tetrahydrocannabinol concentration of no more than 0.3%, and "industrial hemp product," which is a finished product made from hemp that also meets the same THC concentration limit. The bill establishes that only licensed hemp producers may cultivate hemp in the state and outlines the necessary documentation required for transporters and licensed producers, including licenses, laboratory reports, and manifests detailing shipment contents.

Additionally, the bill repeals several existing sections of the law that are likely outdated or redundant, streamlining the regulatory framework for industrial hemp. The amendments emphasize compliance with federal regulations and the importance of maintaining proper documentation to avoid legal penalties, classified as a Class 2 misdemeanor for failure to comply. The new provisions will take effect on January 1, 2027, marking a significant update to the state's approach to industrial hemp regulation.

Statutes affected:
Introduced, 01/06/2026: 38-35-1, 38-35-17, 38-35-17.1, 38-35-2, 38-35-3, 38-35-3.1, 38-35-4, 38-35-5, 38-35-6, 38-35-7, 38-35-8, 38-35-9, 38-35-10, 38-35-11, 38-35-12, 38-35-14, 38-35-15, 38-35-18, 38-35-20, 38-35-22
House Agriculture and Natural Resources Engrossed, 03/03/2026: 38-35-1, 38-35-17, 38-35-17.1, 38-35-2, 38-35-3, 38-35-3.1, 38-35-4, 38-35-5, 38-35-6, 38-35-7, 38-35-8, 38-35-9, 38-35-10, 38-35-11, 38-35-12, 38-35-14, 38-35-15, 38-35-18, 38-35-20, 38-35-22
Enrolled, 03/11/2026: 38-35-1, 38-35-17, 38-35-17.1, 38-35-2, 38-35-3, 38-35-3.1, 38-35-4, 38-35-5, 38-35-6, 38-35-7, 38-35-8, 38-35-9, 38-35-10, 38-35-11, 38-35-12, 38-35-14, 38-35-15, 38-35-18, 38-35-20, 38-35-22