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26.460.12 101st Legislative Session 45
2026 South Dakota Legislature
Senate Bill 45
ENROLLED
AN ACT
ENTITLED An Act to 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20B-117 be AMENDED:
34-20B-117. The following actions are unlawful:
(1) To knowingly sell or distribute a product intended for human consumption
containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-
O acetate, or hexahydrocannabinol to a person under the age of twenty-one, unless
the substance was obtained directly or pursuant to a valid prescription or order
from a practitioner, acting in the course of the practitioner's professional practice;
(2) The purchase or attempt to purchase, the receipt or attempt to receive, the
possession, or the consumption of, a product intended for human consumption
containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-
O acetate, or hexahyd rocannabinol by a person under the age of twenty -one,
unless the substance was obtained directly or pursuant to a valid prescription or
order from a practitioner, acting in the course of the practitioner's professional
practice; and
(3) To purchase a product intended for human consumption containing delta -8
tetrahydrocannabinol, delta -9 tetrahydrocannabinolic acid, THC -O acetate, or
hexahydrocannabinol on behalf of, or to give a product intended for human
consumption containing delta -8 t etrahydrocannabinol, delta -9
tetrahydrocannabinolic acid, THC -O acetate, or hexahydrocannabinol to, any
person under the age of twenty-one, unless:
(a) The purchaser is a parent or guardian of the person under the age of
twenty-one; and
26.460.12 2 45
SB45 ENROLLED
(b) The substance was obtained directly or pursuant to a valid prescription or
order from a practitioner, acting in the course of the practitioner's
professional practice.
A violation of subdivision (1) is a Class 1 misdemeanor. A violation of subdivision
(2) or (3) is a Class 2 misdemeanor.
26.460.12 3 45
SB45 ENROLLED
An Act to 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.
I certify that the attached Act originated in
the:
Senate as Bill No. 45
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk of the House
Senate Bill No. 45
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State