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prohibit the issuance of a written certification to a pregnant woman or breastfeeding mother for purposes of medical cannabis use.

South Dakota's medical cannabis program prohibits doctors from issuing written certifications for medical cannabis use to pregnant women or mothers who are breastfeeding. This new restriction prevents these two groups from legally obtaining medical cannabis cards and products, even if they might otherwise qualify under state law.

clarify and modify requirements related to the medical cannabis program.

HB 1102 clarifies South Dakota's medical cannabis program by defining exactly what amounts patients can legally possess, including up to three ounces of cannabis plus products made from homegrown plants, and up to four cannabis plants for cardholders with cultivation permission. The bill also modifies the definition of a valid doctor-patient relationship for medical cannabis recommendations, now allowing patients to be referred by one practitioner to another for continuing care rather than requiring care from a single provider.

modify and establish provisions related to medical cannabis.

HB1129 updates South Dakota's medical cannabis rules by clarifying what amounts patients can legally possess and grow, including up to three ounces of cannabis, a set quantity of cannabis products, and (for those with cultivation permits) four plants plus any homegrown products kept at the cultivation site. The bill also establishes clearer requirements for the doctor-patient relationship needed to qualify for medical cannabis, requiring practitioners to conduct an in-person physical exam and assessment before certifying a patient for use.

revise provisions regarding the duties of the medical marijuana oversight committee.

South Dakota's Medical Marijuana Oversight Committee now has two additional duties: reviewing research studies on the health effects of medical cannabis for patients, and evaluating medical and clinical aspects of the state's medical cannabis program. These new responsibilities are added to the committee's existing role of meeting at least twice yearly to assess patient access, dispensary and cultivation facility performance, and testing facility adequacy.

modify acceptable conduct for practitioners related to medical cannabis.

HB1154 clarifies and expands the rules about what medical cannabis practitioners cannot do—it's now illegal for them to refer patients to cannabis businesses that advertise, issue certifications while financially invested in those businesses, offer discounts to get people to come in for certifications, conduct medical assessments in bars or liquor-licensed spaces, or charge patients based on how long their certification lasts. These restrictions prevent practitioners from profiting off the medical cannabis system or using high-pressure sales tactics.

regulate tetrahydrocannabinol for medical use.

HB 1236 adds tetrahydrocannabinol (THC)—the active compound in cannabis—to South Dakota's industrial hemp regulations to allow its use for medical purposes. The bill modifies the state's hemp definitions and licensing rules under the Department of Agriculture and Natural Resources to accommodate medical THC products that may exceed the current 0.3% THC limit for regular industrial hemp. This creates a regulatory pathway for producing and using THC-based medicines in South Dakota.

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, providing for wagering on sporting events via mobile or electronic platform.

HJR5006 asks South Dakota voters to approve a constitutional amendment that would allow sports betting through mobile phones and online platforms. Currently, the state constitution does not permit this type of wagering, so this amendment would need voter approval to make it legal.

modify debilitating medical conditions for medical cannabis use.

SB1 modifies South Dakota's medical cannabis program by updating the legal definitions and requirements for patients seeking medical marijuana cards, including clarifying the "bona fide practitioner-patient relationship" that doctors must establish with patients before recommending cannabis. The bill specifies the allowable amounts patients can possess—up to three ounces of cannabis flower plus specified cannabis products—and allows some cardholders to grow up to four cannabis plants at home. These changes update the state's medical cannabis regulations to provide clearer rules for both patients and healthcare providers.

address the potential abuse of opiate and opioid drugs.

Senate Bill 122 creates new rules requiring doctors to take specific steps before prescribing Schedule II opioids for the first time, including informing patients of risks, documenting their pain history and substance abuse background, conducting a physical exam, and offering smaller prescription quantities. The bill also limits how many days of opioid medication can be prescribed at once—generally four days for emergency room patients and initial prescriptions, up to seven days for follow-up prescriptions, and just three days for minors and dental/optometric patients.

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

South Dakota's controlled substances law is being updated to better define "controlled substance analogue"—drugs that are chemically similar to illegal substances but slightly modified to skirt existing laws (like synthetic drugs). The bill expands the definition to catch more designer drugs by covering substances with similar chemical structures or similar effects on the nervous system, even if they're not exact copies of listed controlled substances. This change gives law enforcement clearer tools to prosecute people who make and sell these copycat drugs.

prohibit the issuance of a written certification to a pregnant woman or breastfeeding mother for purposes of medical cannabis use.

South Dakota law enforcement agencies will now be required to notify school officials and parents when a student is suspected of violating drug or alcohol laws, possessing firearms, making bomb threats, or threatening violence at school. Previously, law enforcement could choose whether to provide such notice, but this bill makes notification mandatory (though investigators can delay notice if it would interfere with an active criminal investigation). The notification must be in writing and will be handled according to federal privacy rules that protect student records.

make an appropriation for increased costs related to the construction of the new state public health laboratory, and to declare an emergency.

HB1022 provides additional state funding to cover unexpected cost increases for constructing South Dakota's new public health laboratory. The bill declares an emergency, meaning the funding takes effect immediately rather than waiting for the normal effective date. This is a budget appropriation bill that doesn't change existing law, but rather allocates extra money to a specific construction project.

provide an exception to the definition of drug paraphernalia.

HB 1041 clarifies South Dakota's definition of drug paraphernalia by tightening the language to specify that items must be "primarily used" for illegal drug activities to qualify as paraphernalia, rather than just "intended for use." The bill also updates the list of examples of drug paraphernalia to be more precise about what items are covered under the law.

provide for a rebuttable presumption of intent to distribute methamphetamine when in possession of more than five grams.

This bill makes it illegal to possess more than five grams of methamphetamine and creates an automatic legal assumption that anyone caught with that amount intends to sell it (unless they can prove otherwise in court). The penalty increases from a Class 3 felony to a Class 2 felony if the person also has three or more items suggesting drug dealing, such as cash, weapons, drug packaging materials, or customer lists.

provide a medical cannabis patient a registry identification card fee waiver in certain circumstances.

Medical cannabis patients will receive a waiver of the registry identification card fee under certain circumstances, though the bill text provided doesn't fully specify those circumstances. This allows some qualified patients to obtain their medical cannabis card without paying the usual fee that other patients must pay.

require a practitioner's medical assessment of a patient to occur in certain facilities for purposes of medical cannabis use.

This bill requires doctors evaluating patients for medical cannabis use to conduct their medical assessments in a licensed health care facility, rather than allowing assessments in other locations. The change ensures that the initial patient evaluation—including medical history review and physical examination—happens in an official medical setting to verify the patient's eligibility for medical cannabis cards.

allow medical cannabis establishments to maintain certain cardholder data and to declare an emergency.

Medical cannabis establishments can now keep cardholders' names and personal information if the cardholder gives written permission, instead of being required to only use registry identification numbers. This gives medical cannabis patients the option to authorize their dispensaries to maintain their personal details for specific purposes or all transactions. The bill also declares an emergency so the law takes effect immediately upon approval.

provide treatment for the ingestion of controlled substances.

This bill removes delta-9 tetrahydrocannabinol (THC, the active ingredient in marijuana) from South Dakota's felony charges for ingesting controlled substances. Currently, possessing any controlled drug in your body without a prescription is a felony crime, but this change means having THC in your system would no longer result in felony charges under this law.

revise certain provisions regarding on-sale alcoholic beverage licenses for use at municipality-owned facilities.

South Dakota municipalities can now obtain a single on-sale liquor license for any city-owned entertainment or event venue (such as arenas, theaters, or convention centers) by passing a resolution and getting voter approval through referendum, rather than needing separate licenses for different facilities. This change replaces the old law that only allowed licenses for municipal auditoriums and convention halls during specific events, and it allows cities to contract with food and beverage providers to use the license at these facilities.

make an appropriation for improving the buildings and grounds of the capitol complex and declare an emergency.

HB 1196 appropriates state money to improve the buildings and structures at South Dakota's capitol complex. The bill declares this spending an emergency, which allows the funds to be used immediately rather than waiting for the normal budget process.

authorize employers to acquire and make available opioid antagonists.

Employers in South Dakota can now stock opioid antagonists (overdose-reversal drugs like Narcan) on their premises if they follow safety protocols, provide employee training, and post instructions—and they won't be sued for ordinary negligence if someone is harmed or dies during use. Healthcare professionals who dispense these drugs to employers are also protected from lawsuits and professional discipline. This creates a legal pathway for workplaces to have these life-saving medications readily available during opioid emergencies.

reduce the penalty for unlawful possession of a cannabis product and provide exceptions.

SB 205 requires that people admitted to inpatient treatment programs for controlled substance use receive mental health evaluations as part of their care. This new requirement ensures that individuals struggling with substance use also get assessed for co-occurring mental health conditions during their inpatient treatment.

revise the definition of an abused or neglected child.

HB1097 adds a new category to South Dakota's definition of an abused or neglected child to include children exposed to drugs or alcohol before birth. This expands the state's child protection laws to address prenatal substance exposure as a form of child neglect that authorities can investigate and act upon.

establish mandatory sentences for certain driving while under the influence violations.

HB 1170 adds certain driving under the influence (DUI) violations to South Dakota's list of crimes that are treated as "violent crimes" for purposes of setting parole eligibility dates. This means inmates convicted of these DUI offenses will face longer initial parole dates compared to other crimes, effectively requiring them to serve more time before becoming eligible for parole.