PIERRE, S.D. — A bill aimed at expanding South Dakota’s ban on the sale of marijuana-like products to minors advanced unanimously this week in a state legislative committee.
The Senate Judiciary Committee approved Senate Bill 45, which would add delta-9 tetrahydrocannabinolic acid to the list of hemp-derived products that cannot be sold to minors. The bill was introduced by Attorney General Marty Jackley and would amend existing law that already restricts the sale of certain hemp-derived compounds.
Under the bill, selling the products to a minor would be a Class 1 misdemeanor, punishable by up to one year in jail and a $2,000 fine, which is the same criminal penalty attached to selling alcohol to minors in South Dakota.
Possession of the products by a minor would be a Class 2 misdemeanor, carrying a possible penalty of up to 30 days in jail and a $500 fine.
In 2024 South Dakota lawmakers passed legislation making it a Class 2 misdemeanor for anyone to sell products containing intoxicating, hemp-derived substances, though possession was not criminalized under that law. The South Dakota Department of Health supported that measure, warning that naturally occurring CBD from hemp can be chemically altered to create intoxicating substances in large quantities.
Unlike the hemp plant, which naturally produces very small amounts of Delta-8, Delta-9 or Delta-10 THC, so-called “diet weed” products are often created through chemical reactions in unregulated laboratory settings, raising concerns about contamination from harmful chemicals used in the process, according to the department.
Health officials have also raised concerns about packaging that can be appealing to children and young adults. The products are frequently sold over the counter in gas stations, vape shops, CBD retailers and grocery stores across the country, and sometimes resemble candy.
At the federal level, the U.S. Senate recently voted overwhelmingly to close what lawmakers have called the “hemp loophole.” The measure removes hemp-derived THC and other intoxicating hemp compounds from the legal definition of hemp, effectively ending the nationwide sale of products such as Delta-8, Delta-9 and Delta-10 THC that have become widely available, often marketed toward youth.
