Marijuana & Drug Policy

Updates regulations for growing and selling industrial hemp.

This bill revises South Dakota's industrial hemp regulations by: (1) streamlining definitions from 18 to 11 terms, removing definitions for applicant, department, key participant, measurement of uncertainty, remediation, and secretary; (2) adding a new definition for 'licensed hemp producer' referencing federal USDA licensing; (3) updating transportation documentation requirements to reference current federal hemp regulations (7 U.S.C. §§ 1639o to 1639s as of January 1, 2026); (4) establishing that only federally licensed hemp producers may cultivate hemp in South Dakota; and (5) repealing the state licensing requirement sections, effectively transitioning from state-based licensing to requiring federal USDA licensing for hemp cultivation.

Requires more information be tracked for medical marijuana cardholders' prescriptions.

This bill expands the information that must be reported to the prescription drug monitoring program for medical cannabis registry identification cardholders. Instead of only reporting name and date of birth, the department must now also report physical address (unless homeless), gender, and registry identification card number for each cardholder and nonresident cardholder.

Eliminates the medical marijuana oversight committee.

This bill repeals the medical marijuana oversight committee and all related statutes governing its structure, leadership, and responsibilities. The committee currently consists of legislators, healthcare professionals, law enforcement representatives, and a qualifying patient, and is tasked with evaluating and making recommendations about the medical cannabis program including patient access, dispensary effectiveness, testing facilities, regulatory safeguards, and program improvements.

Adds certain drugs to the list of banned substances.

This bill adds two new substances to South Dakota's Schedule I controlled substances list: Phenibut and Tianeptine. These substances will be classified as Schedule I controlled substances along with their various chemical derivatives (isomers, esters, ethers, salts).

Bans kratom products in the state.

This bill completely bans kratom and kratom products in South Dakota. It makes selling, distributing, purchasing, consuming, or possessing kratom or kratom products a Class 2 misdemeanor. The bill repeals existing regulations that previously allowed kratom with certain age restrictions (21+) and product standards, replacing the regulated market approach with a total prohibition.

Changes medical marijuana defense rules in court.

This bill amends South Dakota's medical cannabis law to require possession of a registry identification card in order to raise an affirmative defense in cannabis prosecutions. Currently, a person is not required to possess the card to raise this defense, but the bill would change that requirement.

Creates digital ID cards for medical marijuana patients.

This bill allows the South Dakota Department of Health to issue digital registry identification cards for medical cannabis patients and caregivers in addition to physical cards. The bill adds language specifying that registry identification cards may be either physical or digital, and requires the department to produce digital cards with security features to ensure proper authentication and prevent unauthorized use.

Changes who gets immunity from prosecution after reporting a drug overdose.

This bill expands South Dakota's Good Samaritan overdose immunity law by changing the language from requiring that 'he or she' (the overdose victim) contact emergency services to allowing that 'person or another' can make the contact. It also changes 'reports that he or she is in need of medical assistance as the result of a drug-related overdose' to 'requests medical assistance because of a drug-related overdose.' The bill maintains the same immunity protections and evidence limitations but broadens who can trigger the immunity by calling for help.

Classifies medetomidine as a controlled substance and sets rules for its use.

This bill classifies medetomidine as a Schedule III controlled substance while creating specific exemptions for legitimate veterinary and pharmaceutical uses, including dispensing FDA-approved animal drugs containing medetomidine, veterinary compounding, and manufacturing of approved animal medications.

Reclassifies FDA-approved psilocybin medications as less restricted drugs.

This bill creates an exception to allow FDA-approved psilocybin drug products to be rescheduled from Schedule I to Schedule IV controlled substances. It amends the list of Schedule I hallucinogenic substances to exclude 'the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the United States Food and Drug Administration' from the psilocybin prohibition.

Requires hospices to let dying patients use medical marijuana.

This bill requires terminal care facilities (hospitals, inpatient hospices, and residential hospices) to allow terminally ill patients with medical cannabis cards to store and use medical cannabis in the facility. The bill creates an exception to current law that allows healthcare facilities to restrict medical cannabis use. Terminal care facilities must establish policies for administration, storage, and use of medical cannabis, but smoking/vaping is prohibited. The requirement doesn't apply if federal agencies take enforcement action or prohibit such use.

Updates the list of controlled substances.

This bill makes technical modifications to South Dakota's controlled substances law definitions and schedules. Key changes include: (1) expanding the definition of 'controlled substance analogue' to include substances that a person represents or intends to have similar effects to Schedule I or II substances, (2) removing the definition of 'person' and 'production', (3) updating references to replace 'industrial hemp with delta-9 THC concentration of not more than 0.3%' with references to the definition in § 38-35-1, (4) making minor grammatical corrections throughout the definitions, and (5) adding isotonitazene to the Schedule I controlled substances list.