South Dakota Moves One Step Closer to Banning Hemp-Derived Cannabinoids

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A bill to ban unregulated tetrahydrocannabinol (THC) products was approved by a House committee.

The sale of all products containing the compounds Delta-8, Delta-10, THC-O, HHC, and THC-P could soon cease in South Dakota. In late January 2024, House Bill 1125 was passed with a vote of 11-2 (1). If the bill becomes approved, selling or manufacturing these compounds would be considered a class 1 misdemeanor punishable by a fine or time in jail (1). Products made with natural compounds are not necessarily part of the bill and would continue to be allowed to be sold and manufactured (1).

“When we say chemically derived, we’re saying that Delta-8, if you do your research, is really just found in trace amounts in the hemp plant along with Delta-10,” explained Representative Brian Mulder, who introduced the bill in January 2024 (2). “To get to where these products are now—they’re changing the molecular makeup. This is not the product they say it is.”


Supporters of the bill, including the state’s Department of Health, argue that products containing the compounds are produced with unsafe chemicals and have resulted in overdose deaths (1). “These have zero medical use, and are 100% used for psychoactive effects,” testified Department of Health Secretary Melissa Magstadt (1).

Those who argued against the bill say it would restrict the compounds that consumers have used for medical purposes, noting that the Drug Enforcement Administration (DEA) potentially only restricts certain altered substances, not all the ones named in in HB1125 (1). “We are on board if we can come in line with the federal government,” testified Caleb Rose, a cannabis shop owner (1). “If we can really thread this needle and identify the compounds that the federal government is actually speaking about, and avoid the naturally produced compounds that are helping people, we will be eternally grateful.”

Read insights from a recent GMP Collective webinar on the risks and complications of intoxicating hemp and synthetic cannabinoids.


  1. Hult, J. Targeted “diet weed” ban clears First hurdle in House Committee (accessed Feb 8, 2024).
  2. Newton, J. SD bill seeks to ban unregulated cannabis products (accessed Feb 8, 2024).