South Dakota Bill to Ban Delta-8 THC Passed by Legislature, Sent to Governor

South Dakota’s full legislature has passed a bill to ban the production, distribution and possession of delta-8 and delta-10 THC.

Delta-8 THC gummies.

On Monday the full Senate voted 31 to 1 to pass House Bill 1125, which passed the House of Representatives in January by a vote of 69 to 0. Given it was amended slightly in the Senate, the House gave the measure one final vote of concurrence today, 69 to 1, officially sending to to Governor Kristi Noem. Even if Governor Noem decides to veto the bill, it has well more than the 2/3rds support required to override a veto.

The legislation states that no person or entity may:

  • Chemically modify or convert industrial hemp as defined in § 38-35-1, or engage in any process that converts cannabidiol, into delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, or any other tetrahydrocannabinol isomer, analog, or derivative; or
  • Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids or cannabinoids created by chemically modifying or converting a hemp extract.
  • Possess any of the above-mentioned substances.

A violation of this section would be a Class 1 misdemeanor, punishable by up to three years in prison.

The full text of House Bill 1125 can be found by clicking here.

Earlier this week Wyoming’s Senate voted 18 to 13 to pass a similar measure, as did Florida’s full Senate earlier this month.

Currently 17 states ban the production and distribution of delta-8 THC.

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