South Dakota tobacco and nicotine laws

What South Dakota has enacted on tobacco and nicotine, what each law requires, and what the bills still moving would do. South Dakota is one of 37 states that enacted a tobacco and nicotine law in the 2025 and 2026 sessions.

Bills in scope
10bills in scope
Past committee
7past committee
Most recent action
30 March 2026most recent action

Tobacco and nicotine laws enacted in South Dakota

5 tobacco and nicotine laws enacted in the South Dakota Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.

  • HB 1215authorize counties and municipalities to issue a license for a cigar bar.Took effect 1 July 2026

    What it requires: A board of county commissioners may approve a cigar bar license outside municipalities, and a municipal governing body may approve one within its jurisdiction. Licensees must maintain a humidor, enclose the space with solid walls/windows/ceiling/door, install proper ventilation, derive at least ten percent annual gross income from cigar sales, and may only permit smoking of cigars purchased on premises.

    Licensing, Escrow, marketing and smoke-free rules

  • HB 1220regulate the sale of nicotine products, and to provide a penalty therefor.Took effect 1 July 2026

    What it requires: Persons selling nicotine products must obtain a license from the Department of Revenue before selling for resale, except licensed distributors or wholesalers under chapter 10-50. Nicotine product distributors must maintain sales documentation for three years and submit to inspections. Persons may not ship alternative nicotine products directly to consumers except through licensed distributors meeting age verification and payment requirements.

    Minimum age and youth access

  • SB 221regulate the retail sale of nicotine products, and to provide a penalty therefor.Took effect 1 July 2026

    What it requires: Retailers must obtain a license from the Department of Revenue to sell nicotine products in South Dakota. Licensees must not sell to persons under twenty-one, must keep three-year inventory records, must not ship products to individuals, and must not sell through vending machines except in licensed establishments with age-verification systems.

    Licensing, Minimum age and youth access

  • SB 54revise the distribution of revenue from the cigarette tax.Took effect 1 July 2025

    What it does: Revises cigarette tax revenue distribution by directing the first $30 million annually to the general fund, the next $2 million to the tobacco prevention and reduction trust fund, and all revenue exceeding $32 million to the general fund.

    Excise taxes and stamps

  • SB 42clarify the wholesale purchase price of tobacco products.Took effect 1 July 2025

    What it requires: Licensed distributors and licensed wholesalers of tobacco products must pay a tax of thirty-five percent of the wholesale purchase price when bringing tobacco products into South Dakota, manufacturing them in-state for sale, or shipping them to dealers. The wholesale purchase price is defined as the price paid exclusive of any discount or other reduction.

    Excise taxes and stamps

Tobacco and nicotine in South Dakota, by topic

Tobacco and nicotine bills in South Dakota

The bills not yet law, furthest along first, with what each would do.

5Enacted

2Past committee

3Introduced or inactive

10 bills in scope

Past committee

2

HB 1112modify the definition of an electronic smoking device.Passed committee

What it would do: Modifies the definition of electronic smoking device in South Dakota law to clarify that it includes any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or other nicotine-containing substances intended for human consumption that may be used to inhale vapor or aerosol.

HB 1069regulate vapor products and to provide a penalty therefor.Passed committee

What it would do: Requires vapor product distributors to obtain licenses and retailers to register with the Department of Revenue. Prohibits marketing vapor products with imagery appealing to minors, requires specific packaging and labeling, and bans direct-to-consumer shipment of vapor products.

Introduced or inactive

3

HCR 6011encouraging the Executive Board of the Legislative Research Council to form an interim Neurohealth Safety Committee to study and assess the regulatory framework under which vapor product retail establishments operate.In committee

What it would do: Encourages the Executive Board of the Legislative Research Council to form an interim Neurohealth Safety Committee to study and assess the regulatory framework governing vapor product retail establishments.

HB 1240establish requirements for the distribution and sale of vapor products, and to provide a penalty therefor.Dead

What it would do: Establishes licensing requirements for vapor product distributors and retailers in South Dakota, sets standards for vapor product ingredients and packaging, restricts flavored vapor product sales to age-restricted locations, and creates penalties for violations.

SB 194classify nicotine products as tobacco products, to increase tax rates on cigarettes and tobacco products, to create the healthcare workforce development fund, and to make an appropriation therefor.In committee

What it would do: Classifies nicotine products as tobacco products, increases cigarette tax from 76.5 to 151.5 mills per cigarette, increases tobacco product tax from 35% to 45% of wholesale price, and creates a healthcare workforce development fund receiving revenue between $50-60 million annually.

Bill titles link to the South Dakota Legislature's own page.

What LawSignals covers

What counts as tobacco and nicotine legislation

In scope: Flavor bans and product standards; vapor product directories; licensing; excise taxes and stamps; minimum age and youth access; online and delivery sales; nicotine pouches and new products; and escrow, marketing and smoke-free rules.

Questions

Does South Dakota have a tobacco and nicotine law?

Yes. South Dakota enacted 5 tobacco and nicotine laws in the 2025 and 2026 sessions, among them HB 1215, HB 1220 and SB 221. Each is listed on this page with what it requires.

When do South Dakota's tobacco and nicotine laws take effect?

HB 1215 on 1 July 2026, HB 1220 on 1 July 2026, SB 221 on 1 July 2026, SB 54 on 1 July 2025 and SB 42 on 1 July 2025.

Which tobacco and nicotine bills are moving in South Dakota?

2 bills not yet law have passed a committee or a chamber, the furthest along HB 1112 (passed committee) and HB 1069 (passed committee).

What does South Dakota legislate on most in tobacco and nicotine?

Licensing (5 bills), Excise taxes and stamps (3 bills) and Minimum age and youth access (2 bills).

Are these summaries reviewed by a lawyer?

No. Which bills count as Tobacco and nicotine bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.

Other practice areas in South Dakota

Tobacco and nicotine legislation in other jurisdictions

51 more currently hold bills in this tracker

Know when South Dakota's tobacco and nicotine law changes

An alert when a bill moves, and one report a month on what changed in every state and Congress.

Track tobacco and nicotine laws freeAbout the Tobacco and Nicotine Tracker