HB 1099 — reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance.
Last action — Signed by the Governor on 2026-03-10 H.J. 547
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 21, 2026. Enacted.
Signed by Governor Larry Rhoden (Republican) on March 10, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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13 sponsors
13 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 R · 4 D) — cross-party backing.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
535 added · 508 removed535 line(s) added, 508 removed.
26.293.1926.293.20 101st Legislative Session 1099 South Dakota Legislature House Bill 1099 IntroducedENROLLED by:A N ACT ENTITLED An Act to reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance.
RepresentativeB RehfeldtE AnIT ActENACTED toBY rescheduleTHE theLEGISLATURE pharmaceuticalOF compositionTHE ofS crystallineTATE polymorphOF psilocybinS inOUTH aD drugAKOTA product: approved by the Food and Drug Administration as a Schedule IV controlled substance.
B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :
Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, is included in Schedule I, unless specifically excepted, whenever the existence of such the salts, isomers, and salts of isomers is possible within the specific chemical designation:
Overstrikes26.293.20 indicate2 deleted1099 language.(17) Peyote, except when used as a sacramental in services of the Native American church, in a natural state that is unaltered, except for drying or curing and cutting or slicing;
26.293.19 2 1099 (17) Peyote, except that when used as a sacramental in services of the Native American church, in a natural state which that is unaltered, except for drying or curing and cutting or slicing, it is hereby excepted;
OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.3 1099 (32) 4-methylaminorex (also known as 2-Amino-4-methyl/x-5-phenyl-2-oxazoline);
26.293.19 3 1099 (32) 4-methylaminorex (also known as 2-Amino-4-methyl/x-5-phenyl-2-oxazoline);
Methylenedioxy- OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.4 1099 alpha-pyrrolidinobutiophenone (MDPBP);
26.293.19 4 1099 alpha-pyrrolidinobutiophenone (MDPBP);
Any compound containing a 2-(1- naphthoyl)indole or 3- (1-naphthoyl)indole structure with substitution at the nitrogen atom of the OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.5 1099 indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinhyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1- (N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.
26.293.19 5 1099 indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinhyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1- (N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.
1-hexyl-3-(1-naphthoyl)indole(JWH-019);1-hexyl-3-(1-naphthoyl)indole (JWH-019);
(b) Naphthylmethylindoles.AnyNaphthylmethylindoles. compound containing a 1H-indol-2-yl-(1- naphthyl)methane or 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl2-(4-morpholinyl)ethylcyanoalky, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran- 4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.
Any compound containing a 1H-indol-2-yl-(1- naphthyl)methane or 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran- 4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.
Any compound containing a 2-phenylacetylindole or 3- phenylacetylindole structure with substitution at the nitrogen atom of the OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.6 1099 indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, cyanoalky, 1- (N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.
26.293.19 6 1099 indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, cyanoalky, 1- (N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.
OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.7 1099 Some trade or other names:
26.293.19 7 1099 Some trade or other names:
Any compound containing a 2-acetyl indole or 3- acetyl indole structure substituted at the acetyl by replacement of the methyl group with a tetramethylcyclopropyl, adamantyl, benzyl, cumyl, or propionaldehyde substituent whether or not further substituted on the tetramethylcyclopropyl, adamantyl, benzyl, cumyl, or propionaldehyde OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.8 1099 substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.
26.293.19 8 1099 substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.
Any compound containing a 2-carboxamide indole or 3-carboxamide indole structure substituted at the nitrogen of the carboxamide with a tetramethylcyclopropyl, naphthyl, adamantyl, cumyl, phenyl, or propionaldehyde substituent, whether or not further substituted on the tetramethylcyclopropyl, adamantyl, cumyl, naphthyl, phenyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,1-(N-methyl-2-cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2- pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran- 4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.
1-(4- cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (4-CN- OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.9 1099 CUMYL-BUTINACA);
26.293.19 9 1099 CUMYL-BUTINACA);
OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.10 1099 (51) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
26.293.19 10 1099 (51) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(a) By substitutiononsubstitution on the phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups;
25C- OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.11 1099 NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)phenethylamine);
26.293.19 11 1099 NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)phenethylamine);
OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.12 1099 (72) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB- PINACA);
26.293.19 12 1099 (72) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB- PINACA);
OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.13 1099 (15) Temazepam;
26.293.19 13 1099 (15) Temazepam;
OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.14 1099 (48) Ezogabine,[-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester], including its salts, isomers, and salts of isomers;
26.293.19 14 1099 (48) Ezogabine,[-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester], including its salts, isomers, and salts of isomers;
(57) Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethylcarbamate;([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate;
OverstrikesHB1099 indicateENROLLED deleted26.293.20 language.15 1099 An Act to reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
House as Bill No.
Show all 49 changed lines (9 more)
1099 By Chief Clerk of the House for the Governor The attached Act is hereby approved this ________ day of Speaker of the House ______________, A.D., 2026 Attest:
Governor Chief Clerk of the House STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State President of the Senate Filed ____________, 2026 Attest:
at _________ o'clock __M.
Secretary of the Senate Secretary of State House Bill No.
1099 By File No.
____ Asst.
Secretary of State Chapter No.
______ HB1099 ENROLLED
Show all 49 changed rows (9 more)
Action History
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Signed by the Governor on 2026-03-10 H.J. 547
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Delivered to the Governor on 2026-03-05 H.J. 520
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Signed by the President S.J. 470
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Signed by the Speaker H.J. 492
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Senate Do Pass , Passed, YEAS 21, NAYS 12 S.J. 429
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Remove from Consent Calendar S.J. 412
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Certified uncontested, placed on consent , Passed, S.J. 21
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Health and Human Services Do Pass , Passed, YEAS 6, NAYS 0 S.J. 21
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Scheduled for hearing S.J. 1
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First read in Senate and referred to Senate Health and Human Services S.J. 232
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House of Representatives Do Pass , Passed, YEAS 58, NAYS 7 H.J. 265
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Health and Human Services Do Pass , Passed, YEAS 13, NAYS 0 H.J. 13
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Scheduled for hearing H.J. 1
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First read in House and referred to House Health and Human Services H.J. 104
Sponsors
- Kadyn Wittman · Primary
- Brandon Wipf · Primary
- Nicole Uhre-Balk · Primary
- Carl Perry · Primary
- Brian Mulder · Primary
- Erik Muckey · Primary
- Scott Moore · Primary
- Mellissa Heermann · Primary
- Tim Goodwin · Primary
- Eric Emery · Primary
- Sydney Davis · Primary
- Taylor Rehfeldt · Primary
- Tom Pischke · Primary
Sponsorship breakdown
Export CSV (upgrade) →13 sponsors · 0 co-sponsors · 92 not signed on · 18 voted No
Sponsors (13)
- Kadyn Wittman Democratic
- Brandon Wipf Republican
- Nicole Uhre-Balk Democratic
- Carl Perry Republican Voted No
- Brian Mulder Republican
- Erik Muckey Democratic
- Scott Moore Republican
- Mellissa Heermann Republican
- Tim Goodwin Republican
- Eric Emery Democratic
- Sydney Davis Republican
- Taylor Rehfeldt Republican
- Tom Pischke Republican
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 17 | 12 | 0 | 2 |
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 21 | 12 | 0 | 2 |
| % of votes cast | 60% | 34% | 0% | 6% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Otten | — | Yea |
| Jamie Smith | Democratic | Yea |
| Liz Larson | Democratic | Yea |
| Red Dawn Foster | Democratic | Yea |
| Amber Hulse | Republican | Yea |
| Arch Beal | Republican | Not Voting |
| Brandon Wipf | Republican | Yea |
| Carl Perry | Republican | Nay |
| Casey Crabtree | Republican | Yea |
| Chris Karr | Republican | Nay |
| Curt Voight | Republican | Nay |
| Glen Vilhauer | Republican | Yea |
| Greg Blanc | Republican | Nay |
| Helene Duhamel | Republican | Not Voting |
| Jim Mehlhaff | Republican | Yea |
| John Carley | Republican | Nay |
| Joy Hohn | Republican | Nay |
| Kevin Jensen | Republican | Yea |
| Kyle Schoenfish | Republican | Yea |
| Larry Zikmund | Republican | Yea |
| Lauren Nelson | Republican | Nay |
| Mark Lapka | Republican | Nay |
| Michael Rohl | Republican | Yea |
| Mykala Voita | Republican | Yea |
| Paul Miskimins | Republican | Yea |
| Randy Deibert | Republican | Yea |
| Sam Marty | Republican | Nay |
| Stephanie Sauder | Republican | Yea |
| Steve Kolbeck | Republican | Nay |
| Sue Peterson | Republican | Nay |
| Sydney Davis | Republican | Yea |
| Taffy Howard | Republican | Nay |
| Tamara Grove | Republican | Yea |
| Tim Reed | Republican | Yea |
| Tom Pischke | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jamie Smith | Democratic | Yea |
| Carl Perry | Republican | Yea |
| Curt Voight | Republican | Yea |
| Kevin Jensen | Republican | Yea |
| Sydney Davis | Republican | Yea |
| Tamara Grove | Republican | Yea |
| Tim Reed | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 51 | 7 | 0 | 5 |
| Democratic | 5 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 58 | 7 | 0 | 5 |
| % of votes cast | 83% | 10% | 0% | 7% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Kolbeck (Jack) | — | Yea |
| Van Diepen | — | Yea |
| Eric Emery | Democratic | Yea |
| Erik Muckey | Democratic | Yea |
| Erin Healy | Democratic | Yea |
| Kadyn Wittman | Democratic | Yea |
| Nicole Uhre-Balk | Democratic | Yea |
| Aaron Aylward | Republican | Yea |
| Al Novstrup | Republican | Yea |
| Amber Arlint | Republican | Yea |
| Bethany Soye | Republican | Not Voting |
| Bobbi Andera | Republican | Yea |
| Brandei Schaefbauer | Republican | Yea |
| Brian Mulder | Republican | Yea |
| Chris Kassin | Republican | Yea |
| Curt Massie | Republican | Yea |
| David Kull | Republican | Yea |
| Drew Peterson | Republican | Yea |
| Dylan Jordan | Republican | Yea |
| Greg Jamison | Republican | Yea |
| Heather Baxter | Republican | Yea |
| Jana Hunt | Republican | Nay |
| Jeff Bathke | Republican | Not Voting |
| Jessica Bahmuller | Republican | Yea |
| Jim Halverson | Republican | Yea |
| John Hughes | Republican | Yea |
| John Shubeck | Republican | Yea |
| John Sjaarda | Republican | Nay |
| Jon Hansen | Republican | Yea |
| Josephine Garcia | Republican | Yea |
| Julie Auch | Republican | Nay |
| Kaley Nolz | Republican | Yea |
| Karla Lems | Republican | Yea |
| Kathy Rice | Republican | Yea |
| Kent Roe | Republican | Yea |
| Keri Weems | Republican | Yea |
| Lana Greenfield | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Liz May | Republican | Not Voting |
| Logan Manhart | Republican | Yea |
| Marty Overweg | Republican | Yea |
| Mary Fitzgerald | Republican | Nay |
| Matt Roby | Republican | Yea |
| Mellissa Heermann | Republican | Yea |
| Mike Derby | Republican | Yea |
| Mike Stevens | Republican | Yea |
| Mike Weisgram | Republican | Not Voting |
| Nick Fosness | Republican | Yea |
| Peri Pourier | Republican | Yea |
| Phil Jensen | Republican | Yea |
| Rebecca Reimer | Republican | Yea |
| Roger DeGroot | Republican | Yea |
| Scott Moore | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Spencer Gosch | Republican | Yea |
| Steve Duffy | Republican | Yea |
| Taylor Rehfeldt | Republican | Yea |
| Terri Jorgenson | Republican | Nay |
| Tesa Schwans | Republican | Yea |
| Tim Czmowski | Republican | Yea |
| Tim Goodwin | Republican | Not Voting |
| Tim Reisch | Republican | Yea |
| Tim Walburg | Republican | Yea |
| Tina Mulally | Republican | Yea |
| Tony Kayser | Republican | Yea |
| Tony Randolph | Republican | Yea |
| Travis Ismay | Republican | Nay |
| Trish Ladner | Republican | Nay |
| Will Mortenson | Republican | Yea |
| William Shorma | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 12 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Eric Emery | Democratic | Yea |
| Bobbi Andera | Republican | Yea |
| Brandei Schaefbauer | Republican | Yea |
| Brian Mulder | Republican | Yea |
| Dylan Jordan | Republican | Yea |
| Heather Baxter | Republican | Yea |
| Jim Halverson | Republican | Yea |
| Josephine Garcia | Republican | Yea |
| Leslie Heinemann | Republican | Yea |
| Logan Manhart | Republican | Yea |
| Nick Fosness | Republican | Yea |
| Taylor Rehfeldt | Republican | Yea |
| Tony Kayser | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 1099?
- HB 1099 is sponsored by Kadyn Wittman (Democratic), Brandon Wipf (Republican), Nicole Uhre-Balk (Democratic), Carl Perry (Republican), Brian Mulder (Republican), Erik Muckey (Democratic), Scott Moore (Republican), Mellissa Heermann (Republican), Tim Goodwin (Republican), Eric Emery (Democratic), Sydney Davis (Republican), Taylor Rehfeldt (Republican), and Tom Pischke (Republican).
- What is the current status of HB 1099?
- This bill has been enacted into law. Introduced January 21, 2026. Enacted.
- Where can I track HB 1099?
- Track HB 1099 free on One Click Politics — get push/email alerts when it moves.
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