No, psilocybin spores remain illegal in South Dakota under state controlled substance laws, despite recent shifts in neighboring states. The South Dakota Department of Health classifies psilocybin spores as Schedule I substances, aligning with federal precedent. Local law enforcement agencies, including the South Dakota Division of Criminal Investigation, actively enforce these prohibitions. No legislative amendments in 2024 or proposed for 2026 suggest imminent decriminalization or legalization.
Key Regulations for Psilocybin Spores in South Dakota
- Schedule I Classification: Psilocybin spores are explicitly listed under South Dakota Codified Laws § 34-20B-1 as Schedule I controlled substances, prohibiting possession, sale, or cultivation.
- Enforcement Priorities: The South Dakota Attorney General’s Office and local prosecutors prioritize cases involving psilocybin spores, particularly when linked to distribution networks or public safety concerns.
- Penalties: Violations carry felony charges, with penalties up to 10 years imprisonment and fines up to $20,000, per § 22-42-2. Cultivation or intent to distribute escalates sentencing under aggravating factors.