South DakotaSB 39101st South Dakota Legislature (2026)Senate

revise provisions relating to industrial hemp.

Sponsored By: Sponsor information unavailable

Signed by Governor

Agriculture and HorticultureDelayed Effective DateIndustrial HempLicensure

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 3 costs, 0 mixed.

Hemp processors get a defined threshold

Beginning January 1, 2027, hemp material qualifies as a product in process at no more than 1% total delta-9 THC. This applies during processing and transfers between licensed hemp processors. The plant material must be state- or federally approved, lab-tested, and from a licensed grower. It must be processed into a finished industrial hemp product.

Hemp products exclude certain cannabinoids

Beginning January 1, 2027, finished hemp products must contain no more than 0.3% total delta-9 THC by dry weight. Products containing delta-8-THC, delta-10-THC, THC-O-acetate, HHC, or THCP do not qualify as industrial hemp products under this chapter. This narrows which products manufacturers and sellers can classify as industrial hemp products. Total delta-9 THC includes both THC and THCA, accounting for the conversion of THCA into THC.

Hemp growers must hold approved licenses

Beginning January 1, 2027, only licensed hemp producers can grow hemp in South Dakota. Producers must hold a U.S. Department of Agriculture or tribal program license under the specified federal rules. The definition of a licensed producer also includes authorized employees and agents. The law repeals the state's prior hemp regulatory framework.

Hemp shippers face paperwork and penalties

Beginning January 1, 2027, hemp transporters who are not licensed producers must carry the growing or production license. They must also carry a DEA-registered lab report showing the shipment's original lot meets federal hemp law. The producer and transporter must sign an affirmation that no illicit drugs or unauthorized hemp variations will be transported. Their shipping record must list contents, transporter name and address, origin and lot details, destination, total weight, and vehicle type. Licensed producers transporting hemp must carry their license and a manifest listing transporter name and address, harvested lot, destination storage, and vehicle type. Missing required documents is a Class 2 misdemeanor for either group. The transporter definition covers hemp plants and products in process, but excludes finished hemp products and seeds incapable of sprouting.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 130 • No: 23

Senate vote • 3/10/2026

Concurred in amendments

Yes: 31 • No: 3

House vote • 3/5/2026

Do Pass Amended

Yes: 55 • No: 12

House vote • 3/3/2026

Do Pass Amended

Yes: 8 • No: 3

Senate vote • 1/23/2026

Do Pass

Yes: 30 • No: 4

Senate vote • 1/22/2026

Do Pass

Yes: 6 • No: 1

Actions Timeline

Signed by the Governor
3/30/2026Senate
Delivered to the Governor
3/12/2026Senate
Signed by the Speaker
3/11/2026House
Signed by the President
3/11/2026Senate
Concurred in amendments
3/10/2026Senate
Do Pass Amended
3/5/2026House
Do Pass Amended
3/3/2026House
Motion to amend
3/3/2026House
Scheduled for hearing
3/3/2026House
First read in House and referred to
1/26/2026House
Do Pass
1/23/2026Senate
Do Pass
1/22/2026Senate
Scheduled for hearing
1/22/2026Senate
Scheduled for hearing
1/15/2026Senate
First read in Senate and referred to
1/13/2026Senate

Bill Text

Introduced
1/6/2026
PDF

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