South Dakota 2025 Regular Session

South Dakota House Bill HB1268 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.744.12 100th Legislative Session 1268
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4	4	2025 South Dakota Legislature
5	5	House Bill 1268
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11	11
12	12	Introduced by: Representative Ismay
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14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to prohibit processing of industrial hemp by extraction. 1
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18	18	Section 1. That § 38-35-1 be AMENDED: 3
19	19	38-35-1. Terms used in this chapter mean: 4
20	20	(1) "Applicant," a person, including the state or any agency or institution thereof, any 5
21	21	municipality, political subdivision, public or private corporation, individual, 6
22	22	partnership, limited liability company, association, or trust; and includes any officer 7
23	23	or governing or managing body of any municipality, political subdivision, or public 8
24	24	or private corporation, or limited liability company, applying for an industrial hemp 9
25	25	grower license, processor license, or both; 10
26	26	(2) "Department," the Department of Agriculture and Natural Resources; 11
27	27	(3) "Chemically derived cannabinoid," a chemical substance created by a chemical 12
28	28	reaction that changes the molecular structure of any chemical substance derived 13
29	29	from the cannabis plant. The term does not include: 14
30	30	(a) Cannabinoids produced by decarboxylation from a naturally occurring cannabinoid 15
31	31	acid without the use of a chemical catalyst; 16
32	32	(b) Non-psychoactive cannabinoids; or 17
33	33	(c) Cannabinoids in a topical cream product; 18
34	34	(4) "Extraction," obtaining a product from a substance by chemical or mechanical 19
35	35	action, as by pressure, distillation, or evaporation; 20
36	36	(5) "Greenhouse," any indoor structure or enclosed building capable of continuous 21
37	37	cultivation throughout the year, no less than two thousand eight hundred and 22
38	38	eighty square feet, not part of a residential dwelling. Greenhouses may contain 23
39	39	multiple lots that are separated and identified; 24
40	40	(5)(6) "Hemp" or "industrial hemp," the plant Cannabis sativa L. and any part of that 25
41	41	plant, including the seeds thereof and all derivatives, extracts, cannabinoids, 26 25.744.12 2 1268
42	42	Underscores indicate new language.
43	43	Overstrikes indicate deleted language.
44	44	isomers, acids, salts, and salts of isomers, whether growing or not, with a total 1
45	45	delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one 2
46	46	percent on a dry weight basis; 3
47	47	(6)(7) "Key participant," a sole proprietor, a partner in a partnership, a principal executive 4
48	48	officer for a government entity, or a person with executive managerial control in a 5
49	49	corporation or limited liability company; 6
50	50	(7)(8) "Industrial hemp product," a finished manufactured product, or consumer product 7
51	51	made from industrial hemp with a total delta-9 tetrahydrocannabinol concentration 8
52	52	of not more than three-tenths of one percent, derived from or made by processing 9
53	53	industrial hemp. This term does not include a product containing chemically derived 10
54	54	cannabinoids, including: 11
55	55	(a) Delta-8 tetrahydrocannabinol, also known as delta-8-THC; 12
56	56	(b) Delta-10 tetrahydrocannabinol, also known as delta-10-THC; 13
57	57	(c) Tetrahydrocannabinol acetate, also known as THC-O-acetate or THC-O; 14
58	58	(d) Hexahydrocannabinol, also known as HHC; or 15
59	59	(e) Tetrahydrocannabiphoral, also known as THCP; 16
60	60	(8)(9) "Industrial hemp stalk bale," a bale that contains two main types of fiber, bast or 17
61	61	long fiber found in the bark (skin) and hurd (shive), or short fiber located in the 18
62	62	core of the stem, with a total delta-9 tetrahydrocannabinol concentration of not 19
63	63	more than three-tenths of one percent; 20
64	64	(9)(10)_ "Lot," a contiguous area in a field or greenhouse containing the same variety 21
65	65	or strain of hemp throughout the area. In addition, "lot" means the terms, "farm," 22
66	66	"tract," "field," and "subfield" used by the United States Department of Agriculture 23
67	67	Farm Service Agency to mean "lot"; 24
68	68	(10)(11) "Measurement of uncertainty," the parameter associated with the result of a 25
69	69	measurement, that characterizes the dispersion of the values that could reasonably 26
70	70	be attributed to the particular quantity subject to measurement; 27
71	71	(11)(12) "Process" or "processing," to render raw industrial hemp plants or plant parts 28
72	72	from their natural or original state to an initial processed form within the limitations 29
73	73	imposed by section 2 of this Act . Typical processing includes decortication, 30
74	74	devitalization, or crushing, or extraction; 31
75	75	(12)(13) "Processor," a person that converts raw hemp into an initial processed form; 32
76	76	(13)(14) "Produce" or "producing," to grow, germinate, dry, sort, grade, bale, grind, 33
77	77	mill, pelletize, and harvest hemp plants in the field or in a greenhouse; 34 25.744.12 3 1268
78	78	Underscores indicate new language.
79	79	Overstrikes indicate deleted language.
80	80	(14)(15) "Product in process," the product being processed by a state licensed hemp 1
81	81	processor or the transfer of that product at no higher than one percent total delta-2
82	82	9 tetrahydrocannabinol between one or more licensed hemp processors during the 3
83	83	process of processing state or federally approved, lab-tested biomass from a 4
84	84	licensed grower into a finished industrial hemp product; 5
85	85	(15)(16) "Remediation," the process of rendering non -compliant cannabis compliant 6
86	86	using methods accepted by the USDA; 7
87	87	(16)(17) "Secretary," the secretary of the Department of Agriculture and Natural 8
88	88	Resources; 9
89	89	(17)(18) "Total delta-9 THC or total delta-9 tetrahydrocannabinol," the value determined 10
90	90	after the process of decarboxylation, or the application of a conversion factor if the 11
91	91	testing methodology does not include decarboxylation, that expresses the potential 12
92	92	total delta-9 tetrahydrocannabinol content derived from the sum of the THC and 13
93	93	THCA content and reported on a dry weight basis; and 14
94	94	(18)(19) "Transporter," any person transporting, hauling, or delivering immature or 15
95	95	mature hemp or product in process, but not industrial hemp product or sterilized 16
96	96	seeds that are incapable of beginning germination. 17
97	97	Section 2. That a NEW SECTION be added to chapter 38-35: 18
98	98	Processing raw industrial hemp plants or plant parts from their natural or original 19
99	99	state to make any extract of hemp is prohibited. Nothing in this section prohibits the 20
100	100	processing of hemp plants or plant parts to an initial processed form by some method 21
101	101	other than extraction. 22