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.

Bans selling delta-8 THC and similar products to people under 21.

This bill adds delta-9 tetrahydrocannabinolic acid to the list of regulated cannabis compounds that cannot be sold to or possessed by persons under 21. It also increases the penalty for selling these products to minors from a Class 2 misdemeanor to a Class 6 felony, while violations by minors (possession/purchase) and third parties (purchasing for minors) remain Class 2 misdemeanors.

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).

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.

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 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.

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.

Updates penalties for illegal drug possession.

This bill changes the penalty structure for unauthorized possession of controlled substances. It reduces the penalty for possessing Schedule III and IV controlled substances from a Class 5 felony to a Class 6 felony, while keeping Schedule I and II substances as Class 5 felonies.

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.