The state Senate has voted to pass the original, stricter version of a ban on the widely available, hemp-derived “diet weed” products that induce highs similar to marijuana.
House Bill 1125 had originally targeted a wide swath of products. The gummies, vape pens, pre-rolled joints and smokable flowers can be produced using high concentrations of the psychoactive chemicals present in minuscule amounts in industrial hemp, or using synthetically derived versions of those same chemicals.
The chemical concoctions are an unexpected outgrowth of the legalization of industrial hemp at the federal level. The federal legality of the natural intoxicants made the use of them in large concentrations legal by extension, though there have been questions raised by the Drug Enforcement Administration about the legality of the lab-grown versions.
HB 1125 flip-flopped between which kinds of products would be covered as it moved through the lawmaking process.
Rep. Brian Mulder, R-Sioux Falls, moved his bill through the House Health and Human Services Committee in its original form, but saw it modified on the House floor to target only products made from the lab-grown chemicals, which are sold under names like THC-O.
Rep. Oren Lesmeister, D-Parade, told his fellow representatives that a ban on products made with naturally occurring chemicals would hurt small business owners and hemp growers alike. Under that change, products sold under names like Delta-8 or Delta-10 THC would still be legal to sell.
The House passed Lesmeister’s amendment, then passed HB 1125 on a unanimous vote.
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