South Dakota Lawmakers Reject Medical Cannabis Repeal and THC Cap Bills

11 February 2026

South Dakota’s medical cannabis program remains intact after a key Senate committee voted down two proposals that could have narrowed or eliminated patient access. On February 11, 2026, the Senate Health and Human Services Committee rejected Senate Bill 181, which aimed to repeal the state’s medical marijuana chapter following federal rescheduling, and Senate Bill 194, a measure that sought to impose THC potency caps.

The repeal bill outlined a trigger tied to federal action. If cannabis were moved from Schedule I to Schedule III under the Controlled Substances Act, the state program would have ended 90 days after the attorney general notified state officials of the change. The Department of Health would then have been responsible for informing registered patients and licensed medical cannabis establishments about when the law would cease to apply.

Federal rescheduling remains under consideration. The proposal began during the administration of former President Joseph Biden, and in December President Donald Trump signed an executive order directing the Department of Justice to expedite a final ruling. Officials have not released a timeline.

Opposition to SB 181 came from multiple directions. The South Dakota Department of Health submitted testimony against the measure, while the Marijuana Policy Project argued that rescheduling does not automatically provide nationwide access to medical cannabis. The group also warned that repealing the program could remove legal protections and safe access for approximately 18,000 patients.

Advocates noted that dozens of states regulate medical cannabis and said none have repealed their programs. Additional testimony from reform organizations described repeal efforts as harmful to patients and inconsistent with broader national trends.

Lawmakers also turned aside SB 194, which would have limited cannabis oils to 5 percent THC and capped liquid concentrates at 60 percent. Critics said the proposed limits were not based on scientific research specific to patient outcomes and might have prevented some individuals from obtaining products that work for their conditions.

For South Dakota’s medical cannabis patients, the committee votes mean current access rules remain unchanged. Individuals registered in the program can continue obtaining products under existing regulations, without facing new potency restrictions or uncertainty about the program’s survival tied to federal policy.

Businesses operating in the state may interpret the outcome as a signal of short-term continuity. While federal scheduling debates could still influence future policy conversations, the committee’s actions suggest that at least some lawmakers are reluctant to dismantle a voter-approved system without clearer national direction.

The votes also fit into a pattern of recent legislative caution. Senators declined to advance a bill targeting intoxicating hemp cannabinoids, and a House committee rejected a proposal that would have permitted medical cannabis use in hospitals and hospices for terminally ill patients. An earlier repeal attempt in 2025 met a similar fate.

For now, South Dakota’s medical cannabis program appears steady, though its long-term trajectory may still depend on how federal regulators ultimately classify marijuana.