South Dakota 2026 Regular Session Status: In Committee 9 R cosponsors

SB 61 — ban hemp-derived intoxicants not for medical purposes.

Last action — Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 14, NAYS 19 S.J. 82

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

This bill is in committee in the Senate. Introduced January 13, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 30% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 9 sponsors

    9 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 R).

  • Mixed recorded votes

    1 passed, 1 failed in 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

12 added · 10 removed

Plain-language change summary

The recent amendment to Bill SB 61 clarifies that the specified limit of 0.4 milligrams applies specifically to tetrahydrocannabinol (THC) isomers, analogs, or derivatives rather than just any substances per container. This change is important because it provides a more precise definition of what is regulated, which can help avoid confusion for producers and consumers regarding cannabis products. Additionally, the section emphasizing that these regulations do not apply to medical cannabis remains unchanged, ensuring that patients continue to have access to necessary medical treatments.

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26.326.11 101st Legislative Session 61 South Dakota Legislature Senate Bill 61 Introduced by:
26.326.12 101st Legislative Session 61 South Dakota Legislature Senate Bill 61 SENATE HEALTH AND HUMAN SERVICES ENGROSSED Introduced by:
B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH D AKOTA :
or (c) Are in amounts greater than 0.4 milligrams combined total per container.
or (c) Are in amounts greater than 0.4 milligrams combined total of any tetrahydrocannabinol isomer, analog, or derivative, per container.
26.326.11 2 61 38-35-1.
26.326.12 2 61 38-35-1.
26.326.11 3 61 (c) Tetrahydrocannabinol acetate, also known as THC-O-acetate or THC-O;
26.326.12 3 61 (c) Tetrahydrocannabinol acetate, also known as THC-O-acetate or THC-O;
26.326.11 4 61 total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis;
26.326.12 4 61 total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis;
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Action History

  1. Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 14, NAYS 19 S.J. 82

  2. Health and Human Services Report out of committee without recommendation as amended , Passed, YEAS 7, NAYS 0 S.J. 4

  3. Health and Human Services Motion to amend , Passed, S.J. 3 Amendment 61A

  4. Scheduled for hearing S.J. 1

  5. First read in Senate and referred to Senate Health and Human Services S.J. 13

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 96 not signed on · 18 voted No

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"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

Placed on calendar pursuant to JR 6F-6

Failed 14 Yea · 19 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 141601
Democratic 0201
Unaffiliated 0100
Total 141902
% of votes cast 40%54%0%6%
How each member voted (35)
Member Party Vote
Otten — Nay
Jamie Smith Democratic Nay
Liz Larson Democratic Nay
Red Dawn Foster Democratic Not Voting
Amber Hulse Republican Nay
Arch Beal Republican Not Voting
Brandon Wipf Republican Nay
Carl Perry Republican Yea
Casey Crabtree Republican Nay
Chris Karr Republican Nay
Curt Voight Republican Yea
Glen Vilhauer Republican Nay
Greg Blanc Republican Yea
Helene Duhamel Republican Yea
Jim Mehlhaff Republican Nay
John Carley Republican Yea
Joy Hohn Republican Yea
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Nay
Larry Zikmund Republican Nay
Lauren Nelson Republican Yea
Mark Lapka Republican Yea
Michael Rohl Republican Nay
Mykala Voita Republican Yea
Paul Miskimins Republican Nay
Randy Deibert Republican Nay
Sam Marty Republican Yea
Stephanie Sauder Republican Nay
Steve Kolbeck Republican Nay
Sue Peterson Republican Yea
Sydney Davis Republican Nay
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Nay
Tom Pischke Republican Nay

Official roll call →

Subjects

public-safety agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 61?
SB 61 is sponsored by Brandei Schaefbauer (Republican), Carl Perry (Republican), Lauren Nelson (Republican), Tony Kayser (Republican), Jana Hunt (Republican), Josephine Garcia (Republican), Mary Fitzgerald (Republican), Bobbi Andera (Republican), and John Carley (Republican).
What is the current status of SB 61?
This bill is in committee in the Senate. Introduced January 13, 2026. It must pass committee before a floor vote.
Where can I track SB 61?
Track SB 61 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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