1. What the law is
South Dakota has already written the exception. HB 1099 moved an FDA-approved psilocybin drug product out of Schedule I and into Schedule IV. The clause has no subject: the FDA has approved no psilocybin drug product, so psilocybin and psilocyn stay in Schedule I and possession and use are prohibited outright. Recreational possession would stay illegal even after an approval.
Psilocybin is illegal in South Dakota. It is classified as a Schedule I controlled substance under South Dakota Codified Laws (SDCL) 34-20B-14, the statute listing hallucinogenic substances, so its manufacture, possession, distribution, and use are prohibited. In March 2026, Governor Larry Rhoden signed House Bill 1099, a trigger law that would reschedule an FDA-approved crystalline polymorph psilocybin drug product to Schedule IV only if and when the U.S. Food and Drug Administration approves such a product and the federal Drug Enforcement Administration reschedules it; until that federal action occurs, psilocybin remains fully prohibited.
SDCL 34-20B-14 is the same schedule that covers LSD, DMT and mescaline. HB 1099 was introduced by Representative Rehfeldt, and by its own terms the Schedule IV placement waits on two federal steps, not one: an FDA approval and a corresponding DEA rescheduling. Neither has happened.
2. History
The legal events behind this entry, dated and oldest first. Our own reviews and corrections are listed under Changes to this record.
House Bill 1099, introduced by Representative Rehfeldt, passes the South Dakota House of Representatives.
The South Dakota Senate passes House Bill 1099.
Governor Larry Rhoden signs House Bill 1099, enacting a trigger law to reschedule FDA-approved crystalline polymorph psilocybin to Schedule IV upon federal approval.
3. Proposed laws
No proposed law is on file in South Dakota that would change this entry, as of the 28 Sep 2026 review.
4. Common questions
Is psilocybin legal in South Dakota?
No. Psilocybin is a Schedule I controlled substance under SDCL 34-20B-14, and its possession, manufacture, distribution, and use are illegal in South Dakota.
What does House Bill 1099 do?
HB 1099 (2026), signed by Governor Larry Rhoden in March 2026, amends SDCL 34-20B-14 to reschedule an FDA-approved crystalline polymorph psilocybin drug product to Schedule IV. By the bill's own terms, this applies only to a product approved by the FDA, so it is a trigger law conditioned on federal approval rather than an immediate change in legal status.
Does HB 1099 make psilocybin legal to possess or use now?
No. HB 1099 is contingent on FDA approval of a psilocybin drug product and corresponding federal rescheduling. Until that federal action occurs, the trigger does not fire and psilocybin remains a Schedule I substance under South Dakota law. The bill also addresses only an FDA-approved pharmaceutical product and does not legalize recreational possession or use.
Is recreational use of psilocybin affected by HB 1099?
No. HB 1099 concerns only the rescheduling of an FDA-approved crystalline polymorph psilocybin drug product. Recreational possession and use of psilocybin remain prohibited under South Dakota's controlled-substances laws and would remain illegal even after the trigger provision takes effect.
Are magic mushrooms ("shrooms") legal in South Dakota?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin, and this entry states the law on psilocybin itself, which some laws treat separately from the fungus. Psilocybin is illegal in South Dakota.
Read the law
HB 1099 (2026): enacted trigger law: amends SDCL 34-20B-14 to except the pharmaceutical composition of crystalline polymorph psilocybin in an FDA-approved drug product from Schedule I, and amends SDCL 34-20B-25 to place that composition in Schedule IV; signed by Gov. Larry Rhoden on March 10, 20261
Sources
This entry's status is checked against the primary sources below, and the methodology explains how each entry is graded for confidence.
- 1.sdlegislature.gov (opens in new tab) · sdlegislature.gov
- 2.Marijuana Moment.Marijuana Moment (opens in new tab) · marijuanamoment.net
This entry is for information only and is not legal or medical advice. Laws change, and enforcement can differ from the letter of the law, so check the current position against the primary sources above before relying on it.
Changes to this record
3 changes on file, the latest on . Show allHide
Every change we have made to this record, dated, corrections included. Nothing changes silently.
South Dakota's entry was read against the state's code on 28 September 2026 and every date in it holds. The trigger law now sits in the codified drug schedules, and psilocybin remains in Schedule I because the FDA has approved no psilocybin drug product.
South Dakota's record no longer lists its enacted trigger law as pending. The law turns on FDA approval alone, not on any DEA action.
South Dakota moves from mixed to illegal. HB 1099 was signed in March 2026, but its carve-out only applies once the FDA approves a psilocybin product, so it grants no access today.
Psilocybin Media Group. "South Dakota: psilocybin legal status." The Psilocybin Record, accession US-SD-001, version of 28 Sep 2026. https://psilocybinlegalization.com/record/south-dakota