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Bill

SB 45

revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for persons under the age of twenty-one and to provide a penalty therefor.

2026 Regular Session

South Dakota prohibits selling delta-8 THC, THC-O acetate, and hexahydrocannabinol to anyone under 21, establishing penalties for underage sales of synthetic cannabinoids.

Signed by the Governor on 2026-03-30
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Bill Summary · SB 45

Legislative bill overview

SB 45 revises South Dakota's regulations on synthetic cannabinoids (delta-8 THC, THC-O acetate, and hexahydrocannabinol) by establishing age restrictions and penalties for sales to minors under 21. The bill creates legal consequences for vendors who distribute these substances to underage consumers, treating them similarly to regulated cannabis products.

Why is this important

Synthetic cannabinoids have proliferated in legal gray markets nationwide, allowing minors to access psychoactive products that mimic marijuana effects without traditional cannabis regulations. This bill addresses a public health gap by restricting youth access to compounds that can produce intoxication and carry unknown long-term health risks, particularly for developing brains.

Potential points of contention

  • Definitional scope: Whether the three named compounds adequately capture all novel synthetic cannabinoids, or if new formulations will circumvent restrictions
  • Enforcement burden: Small retailers and gas stations may face compliance challenges identifying these products without clear packaging standards
  • Constitutional concerns: Potential free speech or commerce clause arguments regarding restrictions on legal-but-regulated substances in a state without full cannabis legalization

Compiled from official sources — confirm details with the bill’s official record.

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