South DakotaHB 1016101st South Dakota Legislature (2026)House

modify provisions related to the controlled substances schedule and to declare an emergency.

Sponsored By: Sponsor information unavailable

Signed by Governor

Controlled SubstancesEmergency ClauseExecutive/Judiciary RequestPublic Health and Safety

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 2 costs, 0 mixed.

More drug restrictions for users and sellers

Effective immediately upon passage and approval, South Dakota adds N-Desethyl Isotonitazene, ethylphenidate, and 2-Methyl AP-237 to Schedule I. The listings cover their isomers, esters, ethers, and salts where chemically possible, unless specifically excepted. People making, selling, or possessing these drugs face existing Schedule I restrictions and penalties. The law also expands drug lookalike rules to cover specified halogen substitutions and related chemical changes called alkyl homologs. Other substances intended for human consumption qualify when they meet both chemical-structure similarity and central-nervous-system effect tests. Already-controlled substances and substances with an approved new drug application are excluded from the lookalike definition.

New cannabis product rules for consumers

Effective immediately upon passage and approval, South Dakota defines which cannabinoids count as chemically derived under its controlled-substance rules. These are substances made through chemical reactions that change the molecular structure of a cannabis-derived substance. The definition excludes non-psychoactive cannabinoids and cannabinoids in topical cream products. It also excludes cannabinoids made by decarboxylation of naturally occurring cannabinoid acids without a chemical catalyst. The definition affects consumers and businesses handling covered products; it does not itself ban every cannabinoid product.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 115 • No: 7

Senate vote • 2/2/2026

Do Pass

Yes: 34 • No: 0

Senate vote • 1/28/2026

Do Pass

Yes: 7 • No: 0

House vote • 1/21/2026

Do Pass

Yes: 61 • No: 7

House vote • 1/20/2026

Do Pass

Yes: 13 • No: 0

Actions Timeline

  1. Signed by the Governor

    2/12/2026House
  2. Delivered to the Governor

    2/5/2026House
  3. Signed by the President

    2/4/2026Senate
  4. Signed by the Speaker

    2/3/2026House
  5. Senate Do Pass, Passed, YEAS 34, NAYS 0

    2/2/2026Senate
  6. Senate Deferred to another day, Passed

    1/29/2026Senate
  7. Senate Health and Human Services Do Pass, Passed, YEAS 7, NAYS 0

    1/28/2026Senate
  8. Scheduled for hearing

    1/28/2026Senate
  9. Referred to Senate Health and Human Services

    1/23/2026Senate
  10. First Reading Senate

    1/22/2026Senate
  11. House of Representatives Do Pass, Passed, YEAS 61, NAYS 7

    1/21/2026House
  12. House Health and Human Services Do Pass, Passed, YEAS 13, NAYS 0

    1/20/2026House
  13. Scheduled for hearing

    1/20/2026House
  14. First read in House and referred to House Health and Human Services

    1/13/2026House

Bill Text

  • Introduced

    12/26/2025

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