Schedule I · felony possession
Ordinary psilocybin and psilocyn remain Schedule I in South Dakota. Unauthorized possession of a Schedule I substance is a Class 5 felony.
SD legal and access quick reference
Reviewed on October 4, 2026 by iMD teamPsilocybin law and access in South Dakota
A concise, source-dated explanation of statewide law, regulated access, and the difference between state and local policy.
Laws and implementation can change quickly. This page is educational information, not legal advice.
No general public access program
South Dakota has not established personal-use, retail, dispensary, home-cultivation, or regulated service-center access.
2026 FDA-approved drug pathway
HB 1099, signed on March 10, 2026, created a narrow Schedule IV pathway for a pharmaceutical composition of crystalline-polymorph psilocybin in an FDA-approved drug product. Ordinary psilocybin and psilocyn remain Schedule I, and the law does not create general mushroom, personal-use, retail, or service-center access.
2026 South Dakota psilocybin update
Governor Larry Rhoden signed HB 1099 on March 10, 2026. The law separates a specific pharmaceutical composition of crystalline-polymorph psilocybin in an FDA-approved drug product from ordinary Schedule I psilocybin and places that qualifying drug product in Schedule IV under South Dakota law.
The change is a medication-specific pathway rather than broad legalization: ordinary psilocybin and psilocyn remain Schedule I, while the Schedule IV provision applies only to the defined FDA-approved pharmaceutical product.
What local policy means
For Pierre, Rapid City and Sioux Falls, this South Dakota page is the appropriate quick-reference starting point because no separate municipal action was retained as a distinct local-policy guide. Local rules can change, so verify current official records.
Cities covered by the South Dakota guide
The statewide explanation above covers Pierre, Rapid City and Sioux Falls. A separate page appears below only where a documented municipal action adds material local context.
PierreCovered in South Dakota guide
Rapid CityCovered in South Dakota guide
Sioux FallsCovered in South Dakota guide
Sources used for this review
This page was checked against the controlling state statutes, enacted laws, agency records, and official bill histories listed below.
Common questions
Is psilocybin legal in South Dakota?
No. Ordinary psilocybin and psilocyn remain Schedule I in South Dakota, and unauthorized Schedule I possession is a Class 5 felony. The narrow drug-product exception does not legalize mushrooms or personal use.
Does South Dakota have a regulated psilocybin access program?
No. HB 1099 concerns a specified FDA-approved pharmaceutical drug product only. It does not create retail, dispensary, home-cultivation, or service-center access.
Do city policies change South Dakota law?
No. A local enforcement-priority policy may affect municipal enforcement, but it does not legalize commercial sale, create statewide legality, or override federal law.
What changed for psilocybin in South Dakota in 2026?
HB 1099 was signed on March 10, 2026. It places a specifically defined pharmaceutical composition of crystalline-polymorph psilocybin in an FDA-approved drug product in Schedule IV. It does not legalize ordinary psilocybin mushrooms, personal use, retail sales, home cultivation, or psilocybin service centers.
Continue at the right depth
The product-site link provides product-format and business-policy information. It does not change the law described on this page or establish legal access in any jurisdiction.