South Dakota Lawmakers Quietly Move to Ban Hemp THC and Expand Drug Enforcement

South Dakota Lawmakers Quietly Move to Ban Hemp THC and Expand Drug Enforcement

By Jason Karimi | WeedPress: The Paper Trail

PIERRE, S.D. — While lawmakers quietly pulled a controversial medical cannabis arrest bill from the agenda this week, other cannabis-related legislation is still moving — including major efforts to ban hemp-derived THC products and expand law enforcement’s role in drug policy.

The developments show a clear pattern at the Capitol: medical marijuana patients avoided a direct hit for now, but hemp-derived alternatives and broader drug enforcement remain squarely in lawmakers’ sights.

Hemp-Derived THC Ban Advances — Without Endorsement

One of the biggest cannabis-adjacent fights of the session is Senate Bill 61, which targets hemp-derived intoxicants such as delta-8 THC, THC seltzers, gummies, and vape products commonly sold in smoke shops and convenience stores.

The Senate Health and Human Services Committee voted unanimously to send SB 61 to the full Senate — but did so “without recommendation,” an unusual procedural move that signals lawmakers are deeply divided on the bill.

Mainstream coverage:
• Mitchell Now — South Dakota Senate committee advances hemp-derived THC, kratom ban bills without recommendation
https://mitchellnow.com/news/236632-south-dakota-senate-committee-advances-hemp-derived-thc-kratom-ban-bills-without-recommendation/
• Marijuana Moment — South Dakota Senate panel advances bills to ban intoxicating hemp and kratom — but without recommendations
https://www.marijuanamoment.net/south-dakota-senate-panel-advances-bills-to-ban-intoxicating-hemp-and-kratom-but-without-recommendations-for-passage/

If passed, SB 61 would effectively:
• Ban most hemp-derived THC products
• Push THC sales back toward licensed medical cannabis dispensaries
• Force many smoke shops and CBD retailers to pull large portions of inventory

Retailers testified that the bill could put some stores out of business and eliminate widely used alternatives to alcohol and prescription drugs.

Sen. Carley told South Dakota Searchlight that intoxicating hemp products act as a workaround for South Dakota’s medical-only marijuana system:

“This actually is harming the licensed marijuana businesses,” Carley said, arguing that hemp-derived THC undermines the regulated medical market.

— South Dakota Searchlight

Senate Refuses to Even Debate Hemp and Kratom Bans

In a separate move, the full South Dakota Senate voted against even debating the proposed bans on hemp-derived consumables and kratom — another sign of internal division.

Leadership declined to bring the bills up for floor discussion, effectively slow-walking some of the most controversial substance policy proposals of the session.

Mainstream coverage:
• South Dakota Searchlight — State Senate says no to debate on kratom, hemp-derived THC product bans
https://southdakotasearchlight.com/briefs/state-senate-says-no-to-debate-on-kratom-hemp-derived-thc-product-bans/
• Marijuana Moment — South Dakota Senate rejects debate on banning intoxicating hemp and kratom
https://www.marijuanamoment.net/south-dakota-senate-rejects-debate-on-banning-intoxicating-hemp-and-kratom/

This means lawmakers are simultaneously:
• Advancing bans out of committee
• While avoiding full public floor fights on the issue

Sen. Curt Voight (R-Rapid City) emphasized the political importance of the issue:

“We need to have a conversation about this on the floor. I think it rises to the level of a legislative decision.”

— Sen. Curt Voight, via South Dakota Searchlight

Terminal Patients Bill Would Expand Medical Cannabis Rights

Not all cannabis legislation this session is restrictive.

House Bill 1053 would require hospice and terminal care facilities to allow terminally ill patients to use medical cannabis — even if a facility’s internal policy currently bans it.

The bill is framed as a patient-rights measure aimed at:
• End-of-life care
• Hospice settings
• Protecting patient autonomy and comfort

TrackBill overview:
• TrackBill — HB 1053: Require terminal care facilities to allow terminally ill patients to use medical cannabis
https://trackbill.com/bill/south-dakota-house-bill-1053-require-that-terminal-care-facilities-allow-terminally-ill-patients-to-use-medical-cannabis/2767053/

This is one of the few bills this session that expands — rather than restricts — medical cannabis access.

This bill has been terminated: https://www.marijuanamoment.net/south-dakota-lawmakers-reject-bill-to-let-terminally-ill-patients-use-medical-marijuana-in-hospitals/

Attorney General Pushing Broader Drug Enforcement Agenda

South Dakota Attorney General Marty Jackley is also advancing a broader legislative package focused on drug enforcement, including:
• Prison drug penalties
• Expanded enforcement tools
• Data sharing and investigative authorities

While not all proposals are cannabis-specific, they create a tougher enforcement environment that directly affects marijuana policy debates.

Mainstream coverage:
• SiouxFallsLive — Prison drugs, data sharing among topics for Attorney General’s legislative package
https://www.siouxfallslive.com/news/south-dakota/prison-drugs-deepfakes-dna-data-sharing-among-topics-for-attorney-generals-legislative-package

Oversight Committee Continues Pushing Crackdowns

The Medical Marijuana Oversight Committee has continued pressing for:
• Tighter regulations
• Expanded enforcement
• Crackdowns on smoke shops selling THC products

Industry groups and retailers have complained that the committee is becoming a backdoor regulatory hammer aimed at restricting both hemp products and medical cannabis operations through administrative pressure.

The Bigger Pattern

Taken together, the picture is clear:
• SB 95 (medical patient arrest authority) was pulled
• Hemp-derived THC bans are still advancing
• Senate leadership is avoiding public floor battles
• Enforcement-oriented bills are moving forward
• Only a small number of bills expand patient rights

Rather than openly repealing medical cannabis, lawmakers appear to be:

Quietly narrowing alternatives, expanding enforcement, and increasing procedural pressure — while avoiding direct confrontations over patient protections.

For now, medical cannabis patients avoided a direct hit with SB 95. But the broader policy direction at the Capitol remains tilted toward restriction, consolidation, and enforcement.

WeedPress will continue tracking these bills and publishing updates as the session moves toward key deadlines.