South Dakota 2026 Regular Session Status: Enacted Bipartisan · 9 R · 4 D cosponsors

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

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

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 chance

Based 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

Likely to advance 98% · high confidence
  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    13 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 R · 4 D) — cross-party backing.

  • 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 removed

535 line(s) added, 508 removed.

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26.293.19 101st Legislative Session 1099 South Dakota Legislature House Bill 1099 Introduced by:
26.293.20 101st Legislative Session 1099 South Dakota Legislature House Bill 1099 ENROLLED 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.
Representative Rehfeldt 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.
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
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:
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 the salts, isomers, and salts of isomers is possible within the specific chemical designation:
Overstrikes indicate deleted language.
26.293.20 2 1099 (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;
Overstrikes indicate deleted language.
HB1099 ENROLLED 26.293.20 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- Overstrikes indicate deleted language.
Methylenedioxy- HB1099 ENROLLED 26.293.20 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 Overstrikes indicate deleted language.
Any compound containing a 2-(1- naphthoyl)indole or 3- (1-naphthoyl)indole structure with substitution at the nitrogen atom of the HB1099 ENROLLED 26.293.20 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.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)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.
(b) Naphthylmethylindoles.
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 Overstrikes indicate deleted language.
Any compound containing a 2-phenylacetylindole or 3- phenylacetylindole structure with substitution at the nitrogen atom of the HB1099 ENROLLED 26.293.20 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.
Overstrikes indicate deleted language.
HB1099 ENROLLED 26.293.20 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 Overstrikes indicate deleted language.
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 HB1099 ENROLLED 26.293.20 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- 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- 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- Overstrikes indicate deleted language.
1-(4- cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (4-CN- HB1099 ENROLLED 26.293.20 9 1099 CUMYL-BUTINACA);
26.293.19 9 1099 CUMYL-BUTINACA);
Overstrikes indicate deleted language.
HB1099 ENROLLED 26.293.20 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 substitutionon the phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups;
(a) By substitution on the phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups;
25C- Overstrikes indicate deleted language.
25C- HB1099 ENROLLED 26.293.20 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);
Overstrikes indicate deleted language.
HB1099 ENROLLED 26.293.20 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);
Overstrikes indicate deleted language.
HB1099 ENROLLED 26.293.20 13 1099 (15) Temazepam;
26.293.19 13 1099 (15) Temazepam;
Overstrikes indicate deleted language.
HB1099 ENROLLED 26.293.20 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;
(57) Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate;
Overstrikes indicate deleted language.
HB1099 ENROLLED 26.293.20 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.
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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
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Action History

  1. Signed by the Governor on 2026-03-10 H.J. 547

  2. Delivered to the Governor on 2026-03-05 H.J. 520

  3. Signed by the President S.J. 470

  4. Signed by the Speaker H.J. 492

  5. Senate Do Pass , Passed, YEAS 21, NAYS 12 S.J. 429

  6. Remove from Consent Calendar S.J. 412

  7. Certified uncontested, placed on consent , Passed, S.J. 21

  8. Health and Human Services Do Pass , Passed, YEAS 6, NAYS 0 S.J. 21

  9. Scheduled for hearing S.J. 1

  10. First read in Senate and referred to Senate Health and Human Services S.J. 232

  11. House of Representatives Do Pass , Passed, YEAS 58, NAYS 7 H.J. 265

  12. Health and Human Services Do Pass , Passed, YEAS 13, NAYS 0 H.J. 13

  13. Scheduled for hearing H.J. 1

  14. First read in House and referred to House Health and Human Services H.J. 104

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 92 not signed on · 18 voted No

Sponsors (13)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass

Passed 21 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 171202
Democratic 3000
Unaffiliated 1000
Total 211202
% 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

Official roll call →

Do Pass

Passed 58 Yea · 7 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 51705
Democratic 5000
Unaffiliated 2000
Total 58705
% 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

Official roll call →

Do Pass

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 12000
Democratic 1000
Total 13000
% 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

Official roll call →

Subjects

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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?
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