South Dakota 2026 Regular Session

South Dakota Senate Bill SB61

Introduced
1/13/26  

Caption

Ban hemp-derived intoxicants not for medical purposes.

Impact

If enacted, SB61 would significantly revise South Dakota's approach to industrial hemp and its derivatives. It specifically removes the legality of certain cannabinoids that might conflict with public health interests, thereby impacting manufacturers and retailers of hemp products. As a result, businesses may need to alter their product offerings and compliance strategies to align with the new legal requirements. The bill also provides an opportunity for state regulators to precisely define what products may be legally sold, thereby reducing ambiguity for producers and consumers alike.

Summary

Senate Bill 61, sponsored by Senator Carley, seeks to prohibit the sale and distribution of hemp-derived intoxicants that are not intended for medical use. The bill specifically targets chemically modified cannabinoids such as delta-8 and delta-10 tetrahydrocannabinol, aiming to regulate these substances by establishing clear guidelines. Violations of this law would be classified as a Class 2 misdemeanor, reinforcing the state's commitment to managing the safety and legality of hemp products.

Sentiment

The sentiment around SB61 appears to be cautiously supportive among legislators who are concerned about public health and safety. While there hasn't been a vocal opposition noted in the voting record—reporting 7 yeas and 0 nays in committee—the overall discussions reflect a sense of responsibility rather than general enthusiasm. The intent is seen as a protective measure aimed at ensuring that hemp products do not pose risks to consumers, indicating that the sentiment is heavily influenced by concerns over potential misuse and health implications.

Contention

Despite the apparent consensus on the need for regulation, there are underlying points of contention regarding the specifics of enforcement and the broader implications for the hemp industry. Critics might argue that such restrictions inhibit the burgeoning hemp market and limit consumer choice, particularly among those who utilize certain cannabinoids for perceived therapeutic effects. The bill may also spark debates about the balance between public health interests and individual freedoms, reflecting broader national conversations about cannabis regulation.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1268

Prohibit processing of industrial hemp by extraction.

SD HB1056

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

SD HB1123

Repeal medical purpose as a defense in prosecutions involving cannabis.

SD HB1116

Repeal a reporting requirement regarding industrial hemp.

SD SB35

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

SD HB1101

Repeal provisions related to medical marijuana.

SD HB1055

Modify medical cannabis certification requirements.

SD HB1185

Provide that public moneys for education may not be used for lobbying purposes.

SD SB59

Revise provisions relating to the delivery, possession with intent to deliver, and possession of unauthorized articles in a state correctional facility, and to provide a penalty therefor.

SD SB73

Require that an individual registering as a voter when applying for a driver license be a resident of this state for the purposes of voting.

Similar Bills

OK SB3

Oklahoma Department of Agriculture, Food and Forestry; Industrial Hemp Program; licensing; agencies; revocation of licenses; fines; violations. Emergency.

TN SB1652

AN ACT to amend Tennessee Code Annotated, Title 39; Title 43 and Title 57, relative to hemp.

OR HB4139

Relating to cannabis; prescribing an effective date.

SD HB1268

Prohibit processing of industrial hemp by extraction.

GA SB33

"Georgia Hemp Farming Act"; total THC concentration of consumable hemp products; provide limits

AR SB533

To Provide For The Regulation Of Consumable Hemp Products By The Arkansas Tobacco Control Board; And To Amend The Arkansas Law To Allow Regulation And Purchase Of Consumable Hemp Products.

PA SB1274

Further providing for definitions; and providing for medical marijuana exemption.

DE HB395

An Act To Amend Titles 3, 4, And 16 Of The Delaware Code Relating To Hemp, Marijuana, And Marijuana Products.