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establish criteria regarding marijuana.

HB1095 creates a new law establishing criteria for how South Dakota will regulate marijuana, though the bill text provided doesn't specify what those detailed criteria are. This appears to be a framework bill that sets up the legal structure for marijuana regulation in the state.

modify the medical marijuana program, to create an interim committee to recommend implementation of the medical marijuana program, and to remove and clarify penalties for marijuana use under certain circumstances.

# HB 1100 Summary This bill modifies South Dakota's medical marijuana program by creating a special interim committee to develop a plan for how the program should actually work in practice. The bill also removes certain criminal penalties for marijuana use in specific situations and clarifies when penalties do and don't apply.

establish criteria regarding marijuana.

HB1101 creates a new law establishing criteria for how marijuana is regulated in South Dakota, though the bill text provided does not specify what those criteria actually are. Without the detailed provisions, it appears this is a framework bill that sets standards for marijuana policy, but the full scope of changes would depend on the specific regulatory criteria defined in the complete legislation.

revise certain packaging and labeling requirements for medical cannabis.

This bill updates South Dakota's medical cannabis rules by requiring the state health department to create new scoring systems to fairly evaluate competing applications when more businesses apply for licenses than are allowed locally, and to establish clearer procedures for how the public can petition to add new medical conditions to the state's approved list. The changes also standardize application forms and require business plans to address patient safety, supply reliability, and affordability for low-income patients.

regulate kratom for those under the age of twenty-one.

HB 1262 restricts the sale of kratom to people under age 21, treating it similarly to tobacco and alcohol products. The bill amends South Dakota's kratom regulations to create an age requirement for purchasing this plant-based substance.

establish provisions concerning the sale of adult-use retail marijuana.

SB187 establishes rules for selling marijuana for adult use in South Dakota and repeals an existing law (SDCL §7-8-16) that previously restricted or prohibited such sales. The bill creates a new framework allowing licensed retail businesses to sell marijuana to adults, replacing the prior legal prohibition with a regulated market system.

revise and establish certain provisions related to drug crimes and enforcement and create a penalty therefor.

SB 189 revises South Dakota's drug crime laws by updating definitions related to controlled substances, drug delivery, and distribution to clarify what counts as drug offenses. The bill repeals an existing law section (§7-8-16) and modifies the definitions chapter to include language about drugs in their "altered state" when absorbed into the human body, expanding what substances fall under drug crime penalties. These changes establish clearer standards for prosecuting drug-related crimes across the state.

place certain substances on the controlled substances schedule and to declare an emergency.

South Dakota is adding 38 synthetic opioid drugs and similar substances to its list of Schedule I controlled substances, making possession or distribution of these drugs a serious felony offense. These are primarily designer opioids and pharmaceutical compounds that mimic the effects of heroin or morphine but were not previously listed under state law. The bill was declared an emergency, meaning it took effect immediately upon passage rather than waiting for the standard effective date.

make an appropriation to implement provisions concerning the legalization, regulation, and taxation of marijuana, and to declare an emergency.

This bill appropriates state funding to implement a new system for legalizing, regulating, and taxing marijuana in South Dakota. The measure declares an emergency, meaning it would take effect immediately rather than waiting for the standard delayed effective date. The bill itself doesn't show the specific regulatory details in the excerpt provided, but it allocates money to set up the legal framework and government oversight for marijuana sales and taxation.

revise the definition of bona fide practitioner-patient relationship in relation to medical cannabis.

HB1147 updates South Dakota's medical cannabis law to clarify what counts as a legitimate doctor-patient relationship for cannabis recommendations. The bill specifies that a valid relationship requires the doctor to have examined the patient's medical history and current condition (either in person or via telehealth), discussed the patient's qualifying medical condition, and be available for follow-up care.

establish a distilled spirits direct shipment license and distilled spirits carrier license to enable the direct shipments of certain distilled spirits in South Dakota.

HB1208 creates two new licenses for distilled spirits businesses in South Dakota: a direct shipment license that allows distilleries to ship their products directly to consumers, and a carrier license for companies that transport those shipments. This change allows South Dakota residents to receive distilled spirits ordered directly from producers, expanding how alcohol can be legally sold and delivered in the state.

prohibit smoking and consuming marijuana and its derivatives in a motor vehicle and create a penalty therefor.

HB 1061 makes it illegal to smoke or consume marijuana in a motor vehicle and establishes a penalty for violating this rule. The bill prohibits both the act of smoking or consuming marijuana and its derivatives (such as edibles or oils) while a vehicle is in operation or parked.

prohibit driving a motor vehicle while exceeding the legal limit of delta 9-tetrahydrocannabinol.

South Dakota law now makes it illegal to drive with 2 nanograms or more of delta-9-tetrahydrocannabinol (THC, the active ingredient in marijuana) per milliliter of blood, similar to existing drunk driving limits. This adds a specific legal threshold for THC impairment to the state's impaired driving law, so drivers can be charged based on a measurable blood test result rather than only on observable signs of impairment.

authorize the shipment of cigars to persons in this state under certain conditions and to provide a penalty.

# HB 1098 Summary HB 1098 allows cigars to be shipped directly to South Dakota residents under certain conditions, rather than requiring purchases only in person. The bill establishes penalties for violations of these shipping rules.

modify requirements and restrictions related to certain alcoholic beverages.

HB 1109 allows people to make beer, cider, and wine at home for personal use (up to 200 gallons per year of each) without a license or tax, and it now permits these home-produced beverages to be stored and consumed at licensed businesses during exhibitions, festivals, educational events, tastings, or competitions—as long as they're clearly labeled. The bill modifies previous restrictions that completely banned home-produced alcoholic beverages from being stored or consumed on any licensed premises.

authorize certain interstate shipments of distilled spirits, to provide for the collection of taxes, and to establish certain penalties.

South Dakota residents who are 21 or older can now order distilled spirits that aren't currently sold in the state through licensed retailers and wholesalers, with the spirits shipped directly to a state retailer for pickup. The retailer must collect all costs upfront from the buyer, including the distilled spirits tax, sales tax, and shipping fees, before placing the order with a wholesaler. This creates a new process for accessing out-of-state spirits that aren't available through normal South Dakota distribution channels.

revise the automatic removal of certain convictions from a background check record.

This bill expands South Dakota's automatic record removal process by adding marijuana possession and use convictions to the list of offenses that can be removed from background checks. Previously, only minor offenses like petty crimes and low-level misdemeanors could be automatically removed after ten years; now misdemeanor marijuana convictions qualify for automatic removal as well, though court personnel will still have access to the records if needed.

authorize counties to issue off-sale liquor licenses.

South Dakota counties can now issue off-sale liquor licenses (for packaged alcohol sales like stores and gas stations) directly, rather than having this authority limited only to municipalities and improvement districts. The bill also sets limits on how many off-sale licenses counties can issue based on their population—up to three licenses for the first thousand residents and one additional license for every 1,500 residents thereafter (outside of incorporated towns).

permit in-state alcohol manufacturers to deliver alcoholic beverages to state customers under certain conditions and to declare an emergency.

HB1123 allows South Dakota's in-state alcohol manufacturers—such as breweries and distilleries—to directly deliver their products to customers within the state, rather than being required to go through a distributor. The bill sets certain conditions on these deliveries to protect public health and safety. The bill also declares an emergency, meaning these changes take effect immediately rather than waiting for the standard July 1st date.