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Modify substances listed on the controlled substances schedule and to declare an emergency.

SB 35 updates South Dakota's list of controlled substances by clarifying and expanding which opioid derivatives and fentanyl-related drugs are classified as Schedule I illegal drugs. The bill specifically adds language to cover fentanyl analogs—synthetic variations of fentanyl created by minor chemical modifications—unless they're approved pharmaceutical products or listed in another drug schedule, addressing the growing problem of designer opioids.

Repeal authorization for the use of medical cannabis by a probationer or parolee.

This bill removes the current permission that allows people on probation or parole to use medical cannabis if their doctor approves it for a serious medical condition. After this bill passes, probationers and parolees will no longer be allowed to use medical cannabis, even with medical justification.

Revise the penalty and provide treatment for the ingestion of certain controlled substances.

South Dakota currently treats drug ingestion as a felony regardless of prior history, but this bill changes it to a misdemeanor for first and second offenses while requiring drug evaluation and treatment as conditions of probation. Only a third violation within five years would become a felony under the new system. This shift prioritizes treatment over immediate felony prosecution for people struggling with substance use.

Repeal provisions related to medical marijuana.

HB 1101 repeals South Dakota's medical marijuana program by eliminating the law that defined terms, patient qualifications, and rules for medical cannabis use and cultivation. The bill also removes references to medical marijuana patients from the state's prescription drug monitoring program. This effectively ends the legal framework that allowed registered patients to possess and grow cannabis for medical purposes.

Revise a provision related to unauthorized distribution of fentanyl and provide a penalty therefor.

This bill creates a new felony crime in South Dakota for distributing or possessing fentanyl in quantities of four milligrams or more, with mandatory prison sentences and fines that increase based on the amount (ranging from three years with a $50,000 fine up to 25 years with a $500,000 fine). The bill also makes conspiracy to commit this new fentanyl crime punishable the same way as the underlying offense itself, and updates related drug law provisions to reference this new crime.

Modify medical cannabis certification requirements.

HB1055 modifies the requirements for doctors to certify patients for South Dakota's medical cannabis program by clarifying that practitioners must complete a medical history assessment and in-person physical exam at the initial visit, and the patient must be under the doctor's ongoing care for their qualifying medical condition. The bill also refines what counts as an "allowable amount" of cannabis patients can possess, including up to three ounces plus cannabis products, and allows patients with cultivation permits to grow up to four plants and possess additional cannabis produced from those plants at their home.

Enhance the penalty for causing death by distributing a Schedule I or II substance.

This bill increases the penalty for distributing Schedule I or II controlled substances (like fentanyl and methamphetamine) when the distribution causes someone's death, making it a more serious crime with harsher punishment. The bill also clarifies existing penalties for drug distribution based on aggravating factors like possession of weapons, large amounts of cash, or drug manufacturing equipment. These changes aim to deter deadly drug trafficking by imposing stricter consequences on distributors whose drugs result in overdose deaths.

Revise provisions relating to the delivery, possession with intent to deliver, and possession of unauthorized articles in a state correctional facility, and to provide a penalty therefor.

SB59 establishes specific felony penalties for inmates caught possessing prohibited items in state prisons, including alcoholic beverages, marijuana, drugs, cell phones, and weapons—with violations ranging from Class 6 felonies (for alcohol, marijuana, and drugs) to Class 4 felonies (for cell phones and electronic devices). The bill clarifies that only items directly issued by the Department of Corrections and used according to department policy are permitted, and requires any non-prohibited drugs to be prescribed in writing by authorized medical professionals for a defined period.

Require hospitals to implement drug testing programs.

South Dakota hospitals must create drug testing programs by January 1, 2026, requiring them to test all job applicants before hiring and randomly test each current employee at least once per year. The tests will screen for alcohol, amphetamines, cocaine, marijuana, opioids, and phencyclidine in hospital staff including full-time, part-time, temporary, and contracted workers.

Authorize the shipment of distilled spirits direct to consumers, and to provide a penalty therefor.

South Dakota distilleries—both in-state and out-of-state—can now ship distilled spirits directly to consumers by obtaining a direct shipper license from the Department of Revenue for $100 and registering their brand labels. The bill also allows commercial carriers to obtain licenses to transport these shipments and requires distilleries to hold a South Dakota sales and use tax license.

Provide for the sale of vintage distilled spirits to certain on-sale licensees.

South Dakota bars on-sale liquor licensees (like restaurants and bars) from purchasing vintage distilled spirits directly, but this bill allows unlicensed sellers to sell up to 24 liters of vintage spirits per year to each on-sale licensee, provided the sale happens in person at the licensed premises and the seller reports the transaction to the Department of Revenue. A "vintage distilled spirit" is defined as any distilled spirit that hasn't been distributed in South Dakota for at least five years, and bottles must be labeled and reported to the state before resale to consumers.