South Dakota 2026 Regular Session

South Dakota House Bill HB1099

Introduced
1/21/26  
Refer
1/21/26  
Report Pass
2/5/26  
Engrossed
2/9/26  
Refer
2/10/26  
Report Pass
2/25/26  
Enrolled
3/2/26  

Caption

Reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance.

Impact

If enacted, HB1099 would significantly change how psilocybin is regulated within the state of South Dakota. This could potentially allow for easier access to psilocybin for medical use under specific circumstances, as it would shift from being universally illegal (under the Schedule I classification) to more regulated usage options like those available for other Schedule IV substances. This regulatory shift could facilitate further research and the development of therapies using psilocybin.

Summary

House Bill 1099 proposes to reschedule crystalline polymorph psilocybin, a compound found in certain mushrooms known for its psychoactive properties, as a Schedule IV controlled substance. This change means that the substance would be classified in a category suggesting a lower potential for abuse compared to drugs in schedules I and II, which generally have stricter regulations due to their higher risks. Supporters of the bill aim to acknowledge the evolving scientific understanding around psilocybin, particularly its potential therapeutic benefits in treating mental health issues such as depression and PTSD.

Sentiment

The general sentiment surrounding HB1099 appears to be cautiously optimistic among proponents who recognize the medical benefits of psilocybin. They argue for viewing the substance more leniently in relation to treatment options for mental health. Opponents, however, may express concern about the implications of legalizing a psychoactive substance, emphasizing the need for careful consideration of safety, efficacy, and public health.

Contention

Notable points of contention around HB1099 include concerns from skeptics regarding the potential for misuse and the broader implications of rescheduling a hallucinogenic substance. The debate contrasts perspectives on the necessity of expanding therapeutic options against worries about public safety and the societal impact of changing drug regulations. Legislators will need to navigate these concerns carefully as they consider the potential benefits of psilocybin therapy against the backdrop of existing drug policy frameworks.

Companion Bills

No companion bills found.

Previously Filed As

SD SB35

Modify substances listed on the controlled substances schedule and to declare an emergency.

SD SB83

Revise the penalty and provide treatment for the ingestion of certain controlled substances.

SD HB1088

Enhance the penalty for causing death by distributing a Schedule I or II substance.

SD HB1056

Prohibit the preparation, sale, and distribution of certain kratom products and to provide a penalty therefor.

SD HB1137

Establish provisions related to the treatment of pain with non-opioid drugs.

SD SB154

Prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies and to provide a penalty therefor.

SD HB1156

Provide for the administrative approval of certain drainage applications by counties.

SD SB213

Exempt any food grown, raised, or otherwise produced in this state from state sales tax.

SD SB194

Classify nicotine products as tobacco products, to increase tax rates on cigarettes and tobacco products, to create the healthcare workforce development fund, and to make an appropriation therefor.

SD HB1069

Regulate vapor products and to provide a penalty therefor.

Similar Bills

No similar bills found.