South Dakota Bill to Restrict Intoxicating Hemp Products Scheduled for January 21 Public Hearing

OG article by Anthony Martinelli

January 21, 2026

South Dakota Senate Bill 61, introduced by State Senator John Carley and eight co-sponsors, aims to ban most hemp-derived intoxicating products not intended for medical use. Titled “An Act to ban hemp-derived intoxicants not for medical purposes,” the legislation prohibits the manufacture, sale, distribution, possession, and consumption of such items. It targets chemical modifications of industrial hemp that produce intoxicating cannabinoids, like converting CBD into delta-8 THC, delta-9 THC, delta-10 THC, or similar isomers, analogs, or derivatives. The bill also bars sales of hemp products with chemically derived or synthesized cannabinoids outside the plant and limits cannabinoid content to no more than 0.4 milligrams per container. Medical marijuana program-regulated products are exempt. Violations would be Class 2 misdemeanors with criminal penalties. The measure updates hemp program definitions, explicitly excluding compounds like delta-8 THC, delta-10 THC, THC-O, HHC, and THCP from industrial hemp products. A public hearing is scheduled for January 21 before the Senate Health and Human Services Committee, providing a platform for advocates, opponents, hemp businesses, consumers, and law enforcement to discuss potential economic and regulatory impacts.