Search Bills

prohibit cardholder cultivation of medical cannabis.

This bill removes the right of medical cannabis cardholders to grow cannabis plants at home, eliminating the current allowance for patients to cultivate three or more plants as prescribed by their doctor. After this change, only the three-ounce limit on purchased cannabis would remain available to registered cardholders, with no option for home cultivation. The bill essentially ends patient-directed home growing under South Dakota's medical cannabis program.

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

This bill adds 44 dangerous synthetic drugs and opioid-like substances to South Dakota's list of Schedule I controlled substances, making their possession, sale, and manufacture illegal. The new banned substances include various synthetic opioids and sedatives that have no approved medical use in the state. The bill declares an emergency, allowing these restrictions to take effect immediately rather than waiting for the standard effective date.

prohibit the isomerization and acetylation of cannabinoids and the sale and possession of products created by the isomerization and acetylation of cannabinoids and to provide a penalty therefor.

HB 1054 bans the chemical process of converting legal hemp-derived cannabinoids (like Delta-8 THC) into more potent forms through isomerization and acetylation, and prohibits the sale and possession of products made this way. This targets products that use legal loopholes to create intoxicating substances similar to marijuana without growing actual cannabis plants. Violators would face criminal penalties under South Dakota law.

prohibit the unauthorized transfer of cannabis and cannabis products by a medical cannabis cardholder to another person.

This bill adds a new restriction to South Dakota's medical cannabis law by prohibiting cardholders from giving or transferring their cannabis to other people without authorization, with limited exceptions for caregivers assisting patients and for transfers to testing facilities or dispensaries. The exceptions allow designated caregivers to provide cannabis to their patients and permit sharing cannabis without payment between cardholders, as long as recipients don't end up with more than the legal amount. This change closes loopholes that could allow unauthorized distribution of medical cannabis products.

revise the available forms of medical cannabis products.

This bill expands the types of medical cannabis products that patients in South Dakota can legally use by adding concentrated cannabis, cannabis extracts, infused products, edibles, and beverages to the definition of allowable cannabis products. The change gives the state health department authority to set specific quantity limits for these new product forms through regulations. This allows medical cannabis cardholders more options beyond just whole plant cannabis for treating their qualifying conditions.

limit the delta-9 tetrahydrocannabinol concentration in medical cannabis and cannabis products that may be dispensed.

This bill caps the potency of medical cannabis sold in South Dakota by limiting products to no more than 15% delta-9 tetrahydrocannabinol (THC), the main psychoactive ingredient in cannabis. Dispensaries can no longer sell stronger cannabis or cannabis products to registered patients and cardholders, though the existing three-ounce limit per 14-day period remains unchanged.

revise provisions related to medical cannabis for the protection of youth.

HB 1094 strengthens protections for youth by expanding where medical cannabis cannot be used in South Dakota, adding restrictions at outdoor recreational facilities with children's equipment, recreational facilities primarily serving minors, and within 1,000 feet of those locations. The bill also prohibits smoking or vaping cannabis in outdoor residential areas near these youth-focused facilities and reinforces existing bans on cannabis use in schools and correctional facilities.

clarify conduct that is not required related to medical cannabis.

This bill clarifies four things that South Dakota is not required to do regarding medical cannabis: government health programs and private insurers don't have to pay for cannabis, property owners don't have to let visitors smoke or vape cannabis on their property, landlords don't have to allow cannabis growing in rental units, and government buildings can prohibit cannabis use even where it's otherwise legal. The bill adds the last requirement (about government buildings) to existing law that already listed the first three.

revise requirements for involvement in the medical cannabis program.

HB1098 streamlines the medical cannabis program by requiring the state to register new medical cannabis businesses within 90 days of receiving a complete application, rather than using a longer approval process. The bill clarifies specific application requirements that businesses must meet, including submitting proper identification of owners, operating procedures, proof of compliance with local zoning rules, and demonstrating the facility is at least 1,000 feet away from schools.

accommodate legislation related to medical cannabis.

HB1135 is a placeholder bill that accommodates other medical cannabis legislation passed during the 2022 legislative session. The bill itself contains no substantive changes but allows the legislature to coordinate multiple cannabis-related bills that may have interdependent provisions.

regulate delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for those under the age of twenty-one.

This bill makes it illegal for anyone under age 21 to buy, possess, or use products containing delta-8 THC, THC-O acetate, or hexahydrocannabinol, and it prohibits adults from selling or giving these products to minors (with an exception for parents and guardians). Violating these rules is a Class 2 misdemeanor, which carries criminal penalties. The bill creates new restrictions on synthetic cannabinoid products that are currently sold in stores and online without the same age restrictions as traditional cannabis.

revise provisions related to verifications required prior to receiving medical cannabis.

This bill requires medical cannabis dispensary workers to verify a customer's identity by checking a valid photo ID (such as a driver's license or passport) before dispensing cannabis, rather than just making a general effort to verify who the person is. The photo ID must be issued by South Dakota, another state, a tribe, or the federal government.

revise provisions regarding the sale or service of alcoholic beverages by persons under the age of twenty-one.

This bill allows 18-year-olds to sell or serve alcoholic beverages (but not tend bar or mix drinks) at businesses where alcohol makes up less than half the sales, or when a person 21 or older is present. It also permits 19-year-olds who complete an alcohol management certification program to fully handle alcohol service (including mixing and pouring) in smaller cities, as long as someone at least 20 years old is on site.

add nabiximols as a Schedule III controlled substance.

SB 113 adds nabiximols (a cannabis-based medication) to South Dakota's list of Schedule III controlled substances, making it a regulated but less restricted drug classification than Schedule I or II. This change would allow the drug to be prescribed by doctors under specific conditions while maintaining state control over its distribution and use.

establish provisions related to the testing of medical cannabis.

This bill sets new rules for testing medical cannabis in South Dakota by limiting each batch submitted to a testing facility to no more than 50 pounds of usable cannabis or cannabis products. The bill also requires that samples be collected by the testing facility's representative and sealed in a way that shows if the package has been opened before.

repeal provisions permitting certain documents to serve as temporary registry identification cards for medical cannabis.

SB13 eliminates a rule that allowed certain documents to temporarily serve as medical cannabis registry identification cards in South Dakota. This removes the temporary workaround for people who needed proof of medical cannabis eligibility while waiting for their official registry ID card.

revise provisions concerning medical cannabis.

SB 150 creates new standards and requirements for how medical cannabis can be grown, distributed, and used in South Dakota. The bill establishes specific criteria that medical cannabis programs must follow, though the full details of these criteria are not shown in the excerpt provided.

repeal provisions related to the prosecution, search, seizure, penalty, or discipline of medical cannabis establishments for certain conduct.

This bill repeals legal protections that currently shield medical cannabis dispensaries and cultivation facilities from prosecution, searches, seizures, and penalties when they operate according to state law. After this repeal, medical cannabis businesses would no longer have immunity from criminal charges, law enforcement searches, or civil penalties for activities like possessing, transporting, selling, or testing cannabis products that comply with state regulations. Essentially, the bill removes the legal safeguards that allow these businesses to operate without fear of state prosecution.

revise provisions regarding medical cannabis.

SB 177 updates South Dakota's medical cannabis law to clarify what patients can legally possess and use. The bill defines "allowable amounts" of cannabis to include up to three ounces of the plant itself, plus cannabis products made from home-grown plants, and establishes that doctors must conduct in-person examinations and follow-up care to approve patients for medical cannabis use. These changes provide clearer rules for both patients and healthcare providers participating in the state's medical cannabis program.

revise the medical purpose defense related to the medical use of cannabis.

This bill establishes a legal defense for people charged with cannabis-related crimes if they can prove a doctor believes they have a serious medical condition that would benefit from cannabis use. The defense allows patients to possess up to three ounces of cannabis, grow up to six cannabis plants (or as a doctor prescribes), and use cannabis for their condition without criminal prosecution.

revise the definition of bona fide practitioner-patient relationship.

This bill changes the definition of what counts as a valid doctor-patient relationship for medical marijuana cardholders in South Dakota. Specifically, it requires doctors to complete a medical assessment and perform an in-person physical examination **at every visit** (rather than just initially), and to consult with patients about their specific medical condition and offer follow-up care. This stricter definition makes it harder for patients to qualify for medical marijuana cards by requiring more rigorous and ongoing doctor oversight.

establish a maximum number of cannabis plants that may be cultivated by a medical cannabis cardholder.

South Dakota medical cannabis cardholders who are approved to grow their own plants will now be limited to a maximum number of plants as prescribed by their physician, rather than having an unlimited growing allowance. The bill sets a minimum of three plants that patients may grow, with doctors able to authorize higher amounts based on individual medical needs. This change gives physicians control over plant limits while protecting the state's ability to regulate home cultivation through the medical cannabis program.

revise the definition of practitioner for purposes of the medical cannabis program.

This bill revises who can serve as a "practitioner" in South Dakota's medical cannabis program by updating the definition in state law. The bill specifies the requirements for a valid practitioner-patient relationship, including that practitioners must complete a medical assessment and in-person physical exam of patients and remain available for follow-up care. This change clarifies and potentially expands which healthcare providers can authorize medical cannabis use in the state.

revise the provisions regarding the denial or nonrenewal of a patient registry identification card.

This bill clarifies the specific reasons the state can deny or refuse to renew a medical marijuana patient's registry card. The law now lists four grounds for denial: incomplete applications, not meeting eligibility requirements, prior revocation of a card, or providing false information—making it harder for the department to deny cards for other unstated reasons.

provide for the use and regulated sale of marijuana.

SB 3 legalizes the use and regulated sale of marijuana in South Dakota by removing it from the state's list of controlled substances. The bill modifies existing drug laws to allow marijuana to be sold through a regulatory system, rather than treating it as an illegal drug. This represents a major shift in South Dakota's drug policy, moving from prohibition to legal regulation of marijuana.

revise provisions related to a written certification for the medical use of cannabis.

This bill clarifies the rules for South Dakota's medical cannabis program by defining what counts as an "allowable amount" of cannabis that patients can possess—including up to three ounces, cannabis products established by state rules, and for those approved to grow, three or more plants as their doctor prescribes. It also refines what makes a valid doctor-patient relationship for medical cannabis use, requiring doctors to conduct an in-person physical exam, discuss the patient's condition, and offer ongoing care.

revise acceptable conduct related to the medical use of cannabis.

This bill updates South Dakota's medical cannabis rules by clarifying what patients can legally possess and grow. It specifies that registered cardholders can have up to three ounces of cannabis (or more in product form as the health department determines), and those approved for cultivation can grow a minimum of three plants or the amount their doctor recommends, plus keep any products made from those plants at their growing location. The bill also defines what qualifies as a valid doctor-patient relationship for medical cannabis use, requiring an in-person exam and ongoing care availability.

revise provisions concerning civil penalties imposed for violations related to medical cannabis.

South Dakota is eliminating a specific $150 civil penalty for medical cannabis cardholders and businesses that fail to provide required notices, and replacing it with a broader penalty system that allows the state health department to fine medical cannabis establishments up to $1,000 for any violation of medical cannabis laws where no other penalty is already specified. This change gives regulators more flexibility to penalize violations but could result in steeper fines for some infractions.

revise the definition of a designated caregiver.

# SB 9 Summary This bill revises South Dakota's medical marijuana law by redefining what qualifies as a "designated caregiver" and clarifying related terms in the state's cannabis regulations. The specific changes to the caregiver definition and other terms are not fully visible in the provided text excerpt, but the bill updates these definitions to align with how the state's medical marijuana program operates.

revise provisions related to medical cannabis for the protection of youth.

HB1134 modifies South Dakota's medical cannabis laws to include new protections aimed at keeping cannabis products away from minors. The bill accommodates related legislative changes to the state's medical cannabis regulations, though the specific protective measures aren't detailed in this excerpt.

revise the penalty for the ingestion of certain controlled substances.

This bill reduces the penalty for possessing Schedule III or IV controlled substances in your body from a Class 6 felony to a Class 1 misdemeanor, though the court can still impose up to two years of probation. Second offenses remain a Class 1 misdemeanor with a mandatory minimum of ten days in jail, while third or subsequent offenses within ten years stay as a Class 6 felony.

create a registration requirement for sober living homes.

South Dakota sober living homes—residential facilities that house people recovering from substance abuse—must now register annually with the Department of Social Services. To qualify for registration, these homes must meet specific standards including allowing medication-assisted treatment, verifying abstinence fairly, ensuring residents don't negatively affect their neighborhoods, and promptly addressing community complaints.

provide for an examination via telehealth for purposes of a bona fide practitioner-patient relationship under the medical cannabis program.

HB 1280 allows doctors to conduct initial medical cannabis patient examinations using telehealth (video conferencing) instead of requiring an in-person visit to establish a valid doctor-patient relationship. This change makes it easier for South Dakota patients to get medical cannabis certifications without traveling to see a healthcare provider in person.

revise provisions regarding cost reimbursement associated with medical cannabis.

This bill clarifies that health insurance companies, workers' compensation insurers, and government medical assistance programs are not required to pay for medical cannabis costs. The change makes explicit that private property owners, landlords, and businesses also cannot be forced to allow cannabis use or cultivation on their premises, even for medical purposes.

permit certain facilities to establish reasonable restrictions related to the medical use of cannabis.

Hospitals and substance abuse treatment facilities can now set their own rules restricting patients' use of medical cannabis on their premises, even if patients have a valid medical cannabis card. The bill clarifies that these healthcare facilities have the authority to prohibit or limit cannabis use in ways that go beyond state law's general protections for registered medical cannabis cardholders.

revise provisions related to the revocation of a medical cannabis registry identification card.

This bill clarifies the process for revoking a medical cannabis registry identification card by ensuring the Department of Health gives written notice explaining the reason for denial or revocation to either the patient or their designated caregiver. It also formally establishes that revocation decisions are final departmental decisions that can be challenged in court through judicial review.

revise the enhanced penalty for unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances.

South Dakota's drug trafficking penalties get tougher for dealers caught with certain indicators of larger-scale operations. Currently, manufacturing or distributing Schedule I or II drugs is a Class 4 felony, but this bill upgrades it to a mandatory Class 3 felony with a minimum 5-year prison sentence if the person possesses three or more specific items or amounts—like $1,000+ in cash, weapons, bulk packaging materials, manufacturing equipment, or customer lists. The new law removes the judge's ability to suspend or reduce these sentences.

Commending the Sioux Falls Little League baseball team for its historic season and participation in the Little League World Series.

SC807 is a commendation bill that honors the Sioux Falls Little League baseball team for their outstanding season and participation in the Little League World Series. This bill does not change any state law—it simply recognizes the team's athletic achievement through a formal Senate resolution.

allow a local government to prevent a medical cannabis establishment from operating in its jurisdiction.

This bill allows cities and counties to ban medical cannabis businesses entirely from operating within their borders, reversing a previous state law that prohibited local governments from blocking dispensaries. Existing medical cannabis establishments operating before a local ban takes effect can continue operating until their registration certificates expire. The bill also clarifies that local governments can set rules about where, when, and how many cannabis businesses can operate in their area.

revise provisions regarding the medical marijuana oversight committee.

SB 11 requires South Dakota's medical marijuana oversight committee to meet at least twice per year to evaluate and recommend improvements to the Legislature and state department regarding patient access, dispensary and cultivation facility effectiveness, testing facility adequacy, and regulatory safeguards. The bill expands the committee's review responsibilities to include specific areas like dispensary pricing, complaints, security issues, educational services, and potential regulatory changes related to security, labeling, employment, and medical complications.

repeal a physician's ability to prescribe the number of cannabis plants a cardholder may cultivate.

This bill removes physicians' ability to prescribe higher numbers of cannabis plants for medical cardholders in South Dakota. Currently, doctors can recommend that patients grow more than the three-plant minimum, but this change would lock all cultivation cardholders at exactly three plants regardless of their medical needs.

include out-of-state convictions as a basis of an enhanced penalty for certain drug crimes.

This bill allows courts to consider drug convictions from other states when deciding whether to impose enhanced penalties for certain drug crimes in South Dakota. Currently, South Dakota law only uses in-state convictions to trigger these harsher sentences, but the new law expands this to include out-of-state convictions so repeat offenders cannot avoid enhanced penalties by committing crimes in multiple states. The change applies to charges involving manufacturing, distributing, or possessing controlled substances listed in Schedules I or II.

revise provisions related to driving under the influence.

This bill changes how driver's licenses are suspended for people convicted of driving under the influence by allowing courts to issue restricted driving permits for essential activities like work, school, and medical testing—rather than imposing a complete license revocation. For first-time offenders, the court gains flexibility to revoke licenses for 30 days to one year, while for repeat offenders, licenses can be partially restored after completing a chemical dependency program. The changes shift from mandatory full suspensions to a system where people can maintain limited driving privileges for necessary purposes.

revise oversight and reporting requirements concerning cannabis.

HB 1136 adds new reporting requirements to South Dakota's medical cannabis oversight by requiring the Department of Public Safety, Attorney General, and other agencies to annually report to the Legislature on cannabis-related arrests, traffic incidents, and enforcement violations. The bill also expands the Department of Health's existing annual report to include more detailed patient information like age, sex, and medical conditions, plus data on hospitalizations and emergency room visits related to cannabis use. These changes give lawmakers more comprehensive information about how the cannabis program is operating and its public health and safety impacts.

revise the annual report on medical cannabis by the Department of Health to the Legislature.

South Dakota's Department of Health will now include more detailed information in its annual medical cannabis report to the Legislature, adding requirements to report patient demographics, practitioner information, licensing violations, and the impact on public safety and health services. The bill expands the current reporting requirements beyond just counting applications and approvals to give lawmakers a fuller picture of how the medical cannabis program is operating. The department is still prohibited from including identifying information about individual patients, caregivers, or doctors in these reports.

revise provisions related to prohibited conduct by schools and landlords related to medical cannabis.

SB 6 protects medical cannabis cardholders from discrimination by schools and landlords—schools cannot refuse enrollment and landlords cannot refuse to rent to someone solely because they hold a medical cannabis card, unless doing so would violate federal law or cause the school or landlord to lose federal funding or licenses. The bill still allows landlords to set reasonable rules about how tenants use cannabis on the property.

clarify bond or pre-trial release upon sobriety program participation.

This bill clarifies that courts can require defendants to participate in the 24/7 sobriety program as a condition of bond or pre-trial release, but only if the court determines the defendant can afford the program's costs. The bill also prohibits jailing someone simply because they cannot pay for the sobriety program.

revise provisions regarding municipal zoning of medical cannabis establishments.

South Dakota municipalities can now create new zoning rules for where medical cannabis businesses can operate, including the ability to keep them away from sensitive locations like schools, churches, daycare centers, and parks. Cities can also set minimum distances between cannabis establishments and establish reasonable setbacks from these protected areas. This gives local governments more control over medical cannabis operations within their jurisdictions.

revise provisions related to medical cannabis data maintained by the Department of Health.

This bill clarifies that personal information submitted by medical cannabis patients, caregivers, and businesses—including names and medical details—is confidential and cannot be shared with the public under South Dakota's open records law. The bill also narrows the reasons the Department of Health can disclose this confidential data, limiting sharing to only verifying registration cards, submitting required reports, reporting crimes to law enforcement, and notifying medical boards of violations.

prohibit the personal possession of a loaded firearm while in possession of cannabis or cannabis products and to provide a penalty therefor.

This bill creates a new criminal offense making it illegal to carry a loaded firearm while also possessing cannabis or cannabis products. Anyone caught violating this law could face criminal penalties under South Dakota law.

allow for unlicensed businesses to store alcoholic beverages.

This bill allows businesses that don't have an alcoholic beverage license to store sealed, unopened bottles of alcohol for customers and charge them storage fees. Previously, state law restricted this type of storage service to licensed alcohol sellers. The change lets unlicensed establishments—like wine shops or other retailers—offer wine or liquor storage as a service without needing a full alcohol sales license.

revise provisions related to custody and visitation rights by medical cannabis cardholders.

South Dakota law now protects medical cannabis cardholders from automatically losing custody or visitation rights with their children simply because of their cardholder status. The change clarifies that there's no automatic assumption a cardholder is neglecting or endangering their child, unless the court has clear evidence their behavior actually creates a real safety risk to the minor.

prohibit the personal possession of a loaded firearm while under the influence of marijuana or intoxicated.

South Dakota already prohibited possessing a loaded firearm while intoxicated, and this bill expands that prohibition to also ban possessing a loaded firearm while under the influence of marijuana. Both violations remain Class 1 misdemeanors, and the bill defines "loaded firearm" to include guns with ammunition in the chamber, magazine, or detachable magazine.

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

This bill expands when minor criminal convictions are automatically removed from public background check records in South Dakota. Under this change, petty offenses, municipal violations, and Class 2 misdemeanors are removed after five years with no further convictions, and Class 1 misdemeanors for marijuana possession are also automatically removed after five years—meaning people can legally deny these convictions ever happened when applying for jobs or housing. The actual court records remain available to law enforcement and courts for prosecution purposes, but the general public cannot access them.

revise a reference to the Division of Criminal Investigation.

This bill updates a reference in the law that creates an oversight committee for South Dakota's medical cannabis program, changing "Department" to "Division of Criminal Investigation agent" to clarify which state agency provides representation on the committee. The change makes the law's language more precise about which law enforcement entity participates in overseeing the medical cannabis program.

establish an opioid abatement and remediation fund and to declare an emergency.

South Dakota creates a new state fund to collect money from opioid-related lawsuits, settlements, and donations, plus any interest earned on that money. The fund can only be used to pay for programs that address opioid abuse and addiction treatment, with spending decisions made through the state's normal budget approval process.

revise and clarify certain processes for emergency detainment related to drug and alcohol abuse.

SB 136 updates South Dakota's rules for emergency detainment of people struggling with drug and alcohol abuse by clarifying what counts as an accredited treatment facility and refining the definitions used in the detainment process. The bill expands the types of organizations that can be recognized as qualified treatment facilities, including those accredited by various national organizations and Indian Health Service standards. These changes streamline how the state identifies appropriate facilities where people can be detained and treated for substance abuse issues.