The proposed bill aims to prohibit the production and distribution of hemp-derived intoxicants that are not intended for medical use in South Dakota. It amends existing law to clarify that no person or entity may chemically modify industrial hemp or convert cannabidiol into various forms of tetrahydrocannabinol, including delta-8, delta-9, and delta-10. Additionally, the bill prohibits the sale, distribution, possession, manufacture, or consumption of industrial hemp products intended for human or animal consumption that contain cannabinoids not naturally produced by the cannabis sativa plant or those synthesized outside the plant, as well as those exceeding a specified concentration of cannabinoids.

Furthermore, the bill introduces definitions and clarifications regarding terms related to industrial hemp, including "chemically derived cannabinoid" and "industrial hemp product." It specifies that the section does not apply to medical cannabis or products regulated by the Department of Health. Violations of this section are classified as a Class 2 misdemeanor, reinforcing the state's commitment to regulating hemp-derived substances and ensuring public safety.

Statutes affected:
Introduced, 01/07/2026: 34-20B-118, 38-35-1