South Dakota legislation · 101st Legislature (2026)
South Dakota SB61: ban hemp-derived intoxicants not for medical purposes.
Status: In committee, January 22, 2026
What the bill says
An Act to ban hemp-derived intoxicants not for medical purposes.
From the engrossed text, January 21, 2026:
An Act to ban hemp-derived intoxicants not for medical purposes. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 34-20B-118 be AMENDED: 34-20B-118. [DELETED: No ] [ADDED: Except as otherwise provided in this section, no ] person or entity may: (1) Chemically modify or convert industrial hemp as defined in § 38-35-1, or engage in any process that converts cannabidiol, into [DELETED: delta-8] [ADDED: :] [ADDED: (a) Delta-8] tetrahydrocannabinol [DELETED: , delta-9] [] [ADDED: (b) Delta-9] tetrahydrocannabinol [DELETED: , delta-10] [] [ADDED: (c) Delta-10] tetrahydrocannabinol [DELETED: , or any] [ or] [ADDED: (d) Any] other tetrahydrocannabinol isomer, analog, or derivative; [DELETED: or] (2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids or cannabinoids created by chemically modifying or converting a hemp extract [ or] [ADDED: (3) Sell, distribute, possess, manufacture, or consume an industrial hemp product intended for human or animal consumption, or any intermediate hemp-derived cannabinoid products containing cannabinoids that:] [ADDED: (a) Are not capable of being naturally produced by a cannabis sativa plant;] [ADDED: (b) Are capable of being naturally produced by a cannabis sativa plant but were synthesized or manufactured outside the plant; or ] [ADDED: (c) Are in amounts greater than 0.4 milligrams combined total of any tetrahydrocannabinol isomer, analog, or derivative, …
Sponsors
- John Carley (R, SD-029) · primary sponsor
- Bobbi Andera (R, HD-010)
- Mary Fitzgerald (R, HD-031)
- Josephine Garcia (R, HD-005)
- Jana Hunt (R, HD-028)
- Tony Kayser (R, HD-014)
- Lauren Nelson (R, SD-018)
- Carl Perry (R, 03)
- Brandei Schaefbauer (R, HD-003)
Latest actions
- : Placed on calendar pursuant to JR 6F-6
- : Report out of committee without recommendation as amended
- : Motion to amend
- : Scheduled for hearing
- : First read in Senate and referred to Health and Human Services
Votes
- Placed on calendar pursuant to JR 6F-6 (January 22, 2026): 14 yea, 19 nay, failed
- Do Pass Amended (January 22, 2026): 34 yea, 0 nay, passed
- Report out of committee without recommendation as amended (January 21, 2026): 7 yea, 0 nay, passed
Subjects: Medical Cannabis, Public Health and Safety, Controlled Substances, Agriculture and Horticulture, Industrial Hemp
Common questions
- What is SB61?
- SB61 is a bill in the South Dakota Legislature (101st Legislature (2026)): ban hemp-derived intoxicants not for medical purposes.
- What does SB61 do?
- In its own words: An Act to ban hemp-derived intoxicants not for medical purposes.
- What is the status of SB61?
- In committee as of January 22, 2026. Latest action: Placed on calendar pursuant to JR 6F-6 (January 22, 2026).
- Who sponsored SB61?
- John Carley (R, SD-029), with 8 co-sponsors.
- Where is the official record for SB61?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26625
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.