South Dakota Pushes Forward with Delta-9 Sales Ban

South Dakota is moving closer to a Delta-9 sales ban for anyone under 21. Senate Bill 45 targets a hemp-derived compound that produces the same high as traditional marijuana. Lawmakers are backing the measure with near-unanimous support, and no one has stepped forward to oppose it.

Attorney General Marty Jackley proposed the bill, which adds delta-9 tetrahydrocannabinolic acid to the list of hemp-derived intoxicants already restricted from underage sale. Delta-8, Delta-10, THC-O acetate and hexahydrocannabinol are already on that list. The Senate Judiciary Committee passed the bill without a single dissenting vote.

The bill now heads to the Senate’s consent calendar. Bills there pass in bulk with one vote and no floor debate, unless a lawmaker asks for it to be pulled out.

Why the Delta-9 Sales Ban Matters for Young People

Hemp-derived intoxicants are everywhere. You can find them in vape pens, gummies, smokable products and canned drinks at grocery and liquor stores across the state. A 2018 federal farm bill legalised hemp commercially, and the market has not looked back since.

Low-dose Delta-9 drinks carry between 2.5 and 5 milligrams of THC per serving. Ten-milligram versions sit right next to them on shelves. The hemp industry now generates $28.4 billion annually in the United States. That scale of availability raises serious questions about how easily young people can reach these products.

“I think this is an appropriate response,” Attorney General Jackley told the Senate Judiciary Committee. “And like always, we hope this has a deterrent value.”

Restricting Underage Access to Hemp Intoxicants: Penalties Explained

Jackley first proposed felony penalties for retailers who sell Delta-9 products to minors. After talks with defence lawyers and business leaders, he changed course. The revised bill sets the offence on the same level as selling alcohol to someone under 21.

Retailers who sell Delta-9 to a minor face a class 1 misdemeanour. That means up to one year in gaol and a fine of up to $2,000. Minors caught with the products face a class 2 misdemeanour, the lowest level in South Dakota law, carrying up to 30 days in gaol and a $500 fine.

This approach treats hemp-derived intoxicants the same way the law treats alcohol. Both carry real consequences when sold to someone under age.

A Changing Regulatory Landscape

South Dakota is not alone. States across the country are scrambling to keep pace with the spread of hemp-derived products, and federal lawmakers are reconsidering the rules too.

In 2024, South Dakota made it a class 2 misdemeanour to sell hemp-derived intoxicating products. But that law excluded Delta-9 drinks, since their THC is not chemically extracted. Senate Bill 45 closes that gap directly.

At the federal level, Congress passed a measure to cap THC at 0.4 milligrams per serving by November this year. Standard low-dose Delta-9 drinks contain between 2.5 and 5 milligrams per serving. Industry analysts estimate that the new cap would eliminate up to 95% of the $28.4 billion hemp market. Senators Amy Klobuchar and Rand Paul, from opposite sides of the aisle, have both introduced bills to delay that federal deadline until 2028.

Back in South Dakota, Republican state Senator John Carley of Piedmont has gone further. He introduced a bill to ban the sale, production, possession and use of all hemp-derived intoxicants outright, unless the person holds a medical marijuana card. The Senate Health and Human Services Committee is currently reviewing it.

What Comes Next

Senate Bill 45 has the momentum. It passed committee with no opposition and sits on a path that requires no floor debate to become law. South Dakota looks set to join the growing number of states taking real steps to keep hemp-derived intoxicants away from young people.

The wider debate over how to regulate these products is still unsettled, at both state and federal level. But in South Dakota right now, the direction is clear. Selling Delta-9 to someone under 21 should carry consequences, and lawmakers appear ready to make that happen.

Source: southdakotasearchlight