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modify provisions related to the controlled substances schedule and to declare an emergency.

HB1016 adds new definitions to South Dakota's controlled substances law, specifically creating a detailed definition of "chemically derived cannabinoid" that excludes certain naturally occurring cannabinoids and topical products. The bill also clarifies what counts as a "controlled substance analogue" by specifying chemical similarities that would classify a substance as illegal. These changes tighten the state's ability to regulate synthetic drugs and cannabis-related products.

revise the medical purpose affirmative defense in cannabis prosecution.

This bill modifies South Dakota's medical cannabis defense by clarifying the amount of cannabis someone can legally possess—allowing up to three ounces plus cannabis products approved by the health department, along with up to four cannabis plants (two flowering and two non-flowering) and their harvest. The defense still requires a doctor's statement that the person has a debilitating medical condition and that cannabis would help them, and any cultivation or storage must happen in a secure location only that person can access.

reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance.

South Dakota is reclassifying psilocybin from a banned Schedule I drug to a less-restricted Schedule IV controlled substance, but only when it's in a specific crystalline form approved by the FDA as a pharmaceutical product. This change allows FDA-approved psilocybin medications to be legally used in the state while keeping naturally occurring psilocybin illegal.

ban kratom and kratom products and to provide a penalty therefor.

South Dakota would ban the possession, sale, and consumption of kratom and kratom products for everyone, making it a Class 2 misdemeanor offense. This repeals the state's current age-restriction law that only prohibited kratom sales to people under 21 and regulated kratom product purity standards, replacing it with a complete prohibition on the substance itself.

add certain substances to Schedule I of the controlled substances schedule.

South Dakota is adding 50 powerful synthetic drugs and opioids to its list of illegal substances with the strictest penalties (Schedule I). These newly banned drugs include dangerous synthetic opioids like W-18 and isotonitazene, as well as other controlled substances that were previously legal or unregulated in the state.

classify medetomidine as a Schedule III controlled substance and establish permissible uses.

South Dakota will classify medetomidine, a sedative drug, as a Schedule III controlled substance, making it illegal to possess or use except in specific situations. Veterinarians and pharmacists can still legally use medetomidine to treat animals through FDA-approved medications, for experimental uses, or for compounding prescriptions. This change aligns South Dakota's drug classification with federal regulations while carving out exceptions for legitimate animal medical care.

regulate the sale of nicotine products, and to provide a penalty therefor.

HB1220 creates new state regulations for selling nicotine products (like vaping products and alternative nicotine items) and establishes licensing requirements for distributors and wholesalers who sell these products. The bill requires applicants for these licenses to pay a $1,000 fee, and creates a new "nicotine enforcement fund" to collect these fees for enforcement purposes. It also protects the confidentiality of lists of nicotine product licensees in the same way South Dakota protects other business licensee information.

revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for persons under the age of twenty-one and to provide a penalty therefor.

This bill updates South Dakota's rules on synthetic cannabinoids by making it illegal for anyone to sell, give, or provide delta-8 THC, THC-O acetate, or hexahydrocannabinol products to people under age 21, with an exception only for prescribed medical use or if a parent or guardian obtains it as medicine from a doctor. The bill also makes it illegal for minors to purchase, possess, or consume these products except when prescribed by a healthcare provider. These restrictions now apply to four specific cannabis-related compounds rather than just the ones previously regulated.

ban hemp-derived intoxicants not for medical purposes.

South Dakota would ban the creation and sale of hemp-derived intoxicants (like delta-8 and delta-10) that don't have a medical purpose, making it illegal to chemically modify hemp or sell products containing these synthetic cannabinoids. The law carves out an exception for medical cannabis products approved by the Department of Health, and violating the ban would be a Class 2 misdemeanor. This significantly tightens South Dakota's existing hemp regulations by closing loopholes that currently allow intoxicating hemp products to be sold legally.

ban kratom and kratom products and to provide a penalty therefor.

South Dakota would completely ban kratom and products containing kratom or synthetic versions of its active compounds, making it illegal for anyone to sell, distribute, possess, or consume them—violations would be Class 2 misdemeanors. This bill repeals the state's current regulations that allowed kratom sales to adults over 21 and set purity standards for kratom products, replacing them with an outright prohibition.

cause the repeal of the medical cannabis chapter upon the federal re-scheduling of cannabis.

If the federal government reclassifies cannabis as a Schedule III drug, this bill would automatically repeal South Dakota's entire medical cannabis program 90 days after the state Attorney General confirms the change. The Department of Health would be required to notify all medical cannabis cardholders and businesses of the repeal date.

revise a provision related to unauthorized possession of a controlled drug or substance.

HB1115 clarifies that people charged with possessing controlled drugs that have been absorbed into their body must be prosecuted under a specific statute (§22-42-5.1) rather than the general unauthorized possession law. The bill maintains the same felony penalties—Class 5 felony for Schedule I or II drugs and Class 6 felony for Schedules III and IV—but creates a separate charging requirement for drug possession cases involving substances already in someone's system.

prohibit the sale of delta-9 tetrahydrocannabinol products to individuals under the age of twenty-one.

South Dakota law currently prohibits selling cannabis products containing delta-8, delta-9, THC-O, and hexahydrocannabinol to anyone under 21, and this bill makes no changes to that prohibition. The bill does clarify that parents and guardians are allowed to purchase or give these products to their own children under 21, creating a narrow exception to the ban. Violations remain a Class 2 misdemeanor.

expand the information required to be sent to the prescription drug monitoring program for each registry identification card holder.

This bill requires the state to share additional information about medical cannabis cardholders with South Dakota's prescription drug monitoring program—specifically their name, address, date of birth, and registry identification card number. The change ensures that pharmacists and prescribers can see which patients have active cannabis registrations when reviewing their prescription histories.

require that the Department of Health annually report on public health effects of cannabis use.

South Dakota's Department of Health must now submit an annual report to the legislature by March 1st documenting the medical cannabis program's financial activity, public health impacts, and detailed usage statistics. The report will track metrics like the number of patient applications, cannabis-related poisonings and hospitalizations, drug deaths involving cannabis, licensing violations, and demographic information about registered patients and healthcare providers involved in the program. This creates a new accountability requirement to monitor how the medical cannabis program affects public safety, health, and behavioral health services in the state.

modify the definition of an electronic smoking device.

This bill modifies South Dakota's definition of electronic smoking devices to clarify that they include products "which may be used" for inhaling vapor, broadening the scope beyond just products "intended for" that purpose. The change expands what the state considers an e-cigarette or vape device subject to tobacco regulations, potentially capturing products designed for other uses but capable of being used to inhale nicotine or other substances.

repeal the medical marijuana oversight committee.

HB 1160 eliminates South Dakota's medical marijuana oversight committee, which currently includes legislators, medical professionals, law enforcement, and patient representatives who meet at least twice yearly to evaluate the state's medical marijuana program. This repeal removes the committee structure and its oversight responsibilities from state law.

enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

This bill strengthens penalties for bringing drugs and other contraband into South Dakota prisons by increasing the felony classifications for drug delivery to inmates. Specifically, possessing or delivering any prescription or non-prescription drug to an inmate becomes a Class 3 felony (up from a lower classification), and the bill also adds penalties for inmates who ingest controlled substances while incarcerated. The enhanced penalties apply to prison employees and visitors who smuggle these items into correctional facilities.

require that terminal care facilities allow terminally ill patients to use medical cannabis.

This bill requires terminal care facilities to allow terminally ill patients to use medical cannabis, even though existing law lets most health care facilities restrict its use. The bill creates an exception so that patients at end-of-life care facilities cannot be prevented from using medical cannabis that they are legally authorized to possess.

revise certain provisions related to operating a vehicle, boat, or aircraft while under the influence.

This bill updates South Dakota's drunk and impaired driving laws to clarify language around alcohol content limits and expand the definition of impairment to explicitly include marijuana and prescription drugs in addition to controlled substances. The changes apply to regular vehicles, commercial vehicles, boats, and aircraft, and adjust the legal standards for determining when a driver is too impaired to operate safely.

create small-batch alcohol licenses.

South Dakota is creating new "small-batch" alcohol licenses for wineries, distilleries, cideries, and breweries that produce alcohol in limited quantities. These small-batch producers will be exempt from rules that normally prevent manufacturers from having financial interests in retail alcohol businesses, allowing them to sell directly to consumers or operate their own retail operations. The bill modifies existing alcohol licensing laws across multiple chapters to define these new small-batch categories and establish their separate regulatory requirements.

provide that an alcoholic beverage may be carried and consumed in enterprises connected to and in the same building as a bar or lounge.

South Dakota businesses that own or operate both a bar or lounge and other businesses (like a restaurant or retail shop) in the same building may now allow customers to carry alcoholic beverages purchased at the bar into those connected businesses. This new law eliminates restrictions that previously prevented drinks from moving between different enterprises within a single building, as long as they're under the same ownership or operation.