GOP State Rep In South Dakota Introduces Ban On Sale Of Unregulated Hemp Products

South Dakota state Rep. Brian Mulder (R) introduced a bill that would prohibit the sale of all Delta-8, Delta-10, THC-O, HHC and THC-P products and other unregulated THC products. 

House Bill 1125  seeks "to prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp and to provide a penalty therefore." It has been referred to the House Health and Human Services Committee. The date for its first hearing has not been scheduled, reported Keloland.

The new bill comes shortly after the South Dakota House of Representatives passed a bill forcing cannabis shops to warn customers of the federal firearms ban. 

"It was in August 2022 — [someone] put an inquiry into the DEA about how we should handle these Delta-8, Delta-9, THC-O; these synthesized or chemically derived products from a hemp plant," Mulder said. "They essentially came out and said — that Delta-8 and Delta-9 THC-Os should be considered controlled substances."

Mudler added that he does not want to hinder the hemp industry and that the products he aims to ban are not naturally derived from hemp. The legislation modifies the current law by introducing the term "chemically derived cannabinoid." 

"When we say chemically derived, we're saying that Delta-8, if you do your research, is really just found in trace amounts in the hemp plant along with Delta-10," Mulder said. "To get to where these products are now — they're changing the molecular makeup. This is not the product they say it is."

Mudler emphasized that these products are not tested and regulated like other cannabis products.

"The fact that we don't know what's in them, the FDA isn't even looking at them, they're consumable or inhaled products and the DEA's saying they're controlled substances — that's enough to say that's probably something we don't in an over-the-counter retail sale setting," Mulder concluded. 

Law Enforcement To Regain Authority 

Meanwhile, another marijuana-related bill passed the Senate Monday, enabling law enforcement and other state agencies to have more rights to search and impose disciplinary actions against medical marijuana facilities, writes Kmit. 

If SB71that is now heading to the House committee for review becomes law, the South Dakota Department of Health would no longer be the only authority on the regulation of medical marijuana dispensaries, cultivation, testing and production sites.

See Also: Some Professions May Lose Employment Protections Over Medical Marijuana Use In South Dakota, Iowa Expands Offerings & More Updates

Photo: Courtesy of Elsa Olofsson on Unsplash