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.

26.460.1126.460.12 101st Legislative Session 45 South Dakota Legislature Senate Bill 45 SENATEENROLLED JUDICIARYAN ENGROSSEDA IntroducedCT by: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.

TheB ChairE ofIT theENACTED CommitteeBY onTHE JudiciaryL atEGISLATURE theOF requestTHE ofSTATE theOF AttorneyS GeneralOUTH AnD ActAKOTA 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.

B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :

(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 hexahydrocannabinol to 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 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol to, any person under the age of twenty-one, unlessunless: the:

and Overstrikes26.460.12 indicate2 deleted45 language.(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.

26.460.11A 2violation 45of (b)subdivision The(1) substanceis was obtained directly or pursuant to a validClass prescription1 ormisdemeanor. order from a practitioner, acting in the course of the practitioner's professional practice.

A violation of this section subdivision (1) is a Class 1 misdemeanor.

UnderscoresSB45 indicateENROLLED new26.460.12 language.3 45 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.

OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

45 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

45 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB45 ENROLLED