South Dakota Senate votes to approve stricter version of ban on sale of ‘diet weed’

The state Senate voted to pass the original, stricter version of a ban on widely available “diet herb” products derived from hemp, which cause marijuana-like effects.

House Bill 1125 originally targeted a broad range of products. Gummies, vape pens, pre-rolled joints, and smokable flower can be produced using high concentrations of psychoactive chemicals found in trace amounts in industrial hemp, or using synthetically derived versions of these same products. chemicals.

Chemical concoctions are an unintended consequence of the legalization of industrial hemp at the federal level. The federal legality of natural intoxicants has by extension made their use in large concentrations legal, although the Drug Enforcement Administration has raised questions about the legality of lab-grown versions.

HB 1125 flip-flopped between the types of products that would be covered as it moved through the legislative process.

representative Brian MulderR-Sioux Falls, introduced his bill to the House Health and Human Services Committee in its original form, but saw it amended in the House to target only products made from chemicals grown in laboratory, which are sold under names like THC-O.

representative Oren Lesmeister, D-Parade, told his fellow representatives that a ban on products made from natural chemicals would hurt small business owners and hemp farmers alike. Under this change, the sale of products sold under names like Delta-8 or Delta-10 THC would still be legal.

The House passed Lesmeister’s amendment and then HB 1125 unanimously.

All that changed again in the Senate Health and Human Services Committee last week. Sen. Brent Hoffman, Republican of Sioux Falls, successfully offered an amendment returning the language of the hoped-for ban to where it was when Mulder introduced it.

Sen. Ryan Maher, R-Isabel, attempted to propose the Lesmeister amendment on the Senate floor Monday, although he saw no success from Lesmeister.

The ban could lead to an influx of product on South Dakota streets this spring as retailers prepare to clear out their soon-to-be-illegal stocks, Maher said. He also highlighted the ease of access to Delta-8 products online and the investments made by smoke shop owners who have invested in the state.

“We always want to tout that our state is open for business, until we don’t like that business,” Maher said.

Maher’s amendment failed. Sen. Erin Tobin, R-Winner, echoed several other opponents of the amendment with her remarks.

“If you think you should be able to walk into a gas station and buy a psychoactive product in a state that doesn’t have recreational marijuana, I would say go ahead and vote for this amendment,” he said. Tobin said.

Moments after Maher’s amendment failed on a voice vote, Senator Isabel cast a lone vote against HB 1125.

The amended bill must now return to the House for approval. If the House does not accept the changes, it would head to a conference committee to reconcile the different versions of the bill.

This article originally appeared on Sioux Falls Argus Leader: Senate votes to approve stricter version of ban on sale of ‘diet weed’