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. A violation of these provisions is classified as a Class 2 misdemeanor.

Furthermore, the bill updates definitions related to industrial hemp and cannabinoids, including the term "chemically derived cannabinoid," which refers to substances created through chemical reactions that alter the molecular structure of cannabis-derived compounds. It also clarifies that the section does not apply to medical cannabis or products regulated by the Department of Health. The amendments aim to ensure that only naturally occurring cannabinoids are available for consumption, thereby enhancing public safety and regulating the hemp industry more effectively.

Statutes affected:
Introduced, 01/07/2026: 34-20B-118, 38-35-1
Senate Health and Human Services Engrossed, 01/21/2026: 34-20B-118, 38-35-1