South Dakota

1. 1What the law is

South Dakota has already written the exception. HB 1099, signed by Governor Larry Rhoden on March 10, 2026, moved the pharmaceutical composition of crystalline polymorph psilocybin, in a drug product approved by the U.S. Food and Drug Administration, 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.

South Dakota lists psilocybin as a Schedule I hallucinogen under SDCL 34-20B-14, the same statutory schedule that covers substances such as LSD, DMT, and mescaline. During the 2026 legislative session, the Legislature passed House Bill 1099, introduced by Representative Rehfeldt, which amends SDCL 34-20B-14 to reschedule the pharmaceutical composition of crystalline polymorph psilocybin contained in an FDA-approved drug product to Schedule IV. According to the bill text, this reclassification is conditioned on federal approval: it applies only to a drug product approved by the FDA, and the lower schedule does not take effect until that federal approval (and corresponding DEA rescheduling) occurs. HB 1099 is therefore a contingent or 'trigger' statute that creates no present legal access to psilocybin in South Dakota. As of the last review, the FDA had not approved any psilocybin drug product, so the trigger had not fired and psilocybin remained a Schedule I substance. The bill addresses only an FDA-approved pharmaceutical product; it does not legalize or decriminalize recreational possession or use, which would remain prohibited even after the trigger takes effect.