Take Action on Cannabis Legislation in South Dakota

Here are the bills that are currently being considered by South Dakota legislators.

To support or oppose a certain bill, contact the original sponsors of the bill and your local representatives, to tell them your opinions.

Session Bill Number Document Key Issue Bill Name Sponsored By Contact Sponsor
2026 Regular Session SB61 DETAILS The bill updates South Dakota law to prohibit non-medical hemp-derived intoxicants by banning the manufacture, sale, possession, and consumption of chemically modified or synthesized THC compounds (including delta-8, delta-9, and delta-10), restricting hemp products for human or animal use to naturally occurring cannabinoids below a strict 0.4-milligram THC limit per container, exempting state-regulated medical cannabis, and classifying violations as a Class 2 misdemeanor. Ban hemp-derived intoxicants not for medical purposes. John Carley (R), Bobbi Andera (R), Mary Fitzgerald (R), Josephine Garcia (R), Jana Hunt (R), Tony Kayser (R), Lauren Nelson (R), Carl Perry (R), Brandei Schaefbauer (R) John Carley, Bobbi Andera, Mary Fitzgerald, Josephine Garcia, Jana Hunt, Tony Kayser, Lauren Nelson, Carl Perry, Brandei Schaefbauer
2026 Regular Session SB181 DETAILS This bill would repeal South Dakota’s medical cannabis chapter if and when the FDA reclassifies cannabis to Schedule III under 21 U.S.C. § 812, with the repeal taking effect ninety days after the Attorney General notifies the code counsel and Department of Health, which must then inform registered patients and licensed establishments of the change and its effective date. Cause the repeal of the medical cannabis chapter upon the federal re-scheduling of cannabis. John Carley (R), Josephine Garcia (R) John Carley, Josephine Garcia
2026 Regular Session HB1160 DETAILS The bill would abolish the state’s medical marijuana oversight committee—previously responsible for reviewing program operations and advising lawmakers and health regulators—thereby removing its evaluation and reporting role to simplify oversight of the medical cannabis program. Repeal the medical marijuana oversight committee. Tim Goodwin (R), Will Mortenson (R) Tim Goodwin, Will Mortenson
2026 Regular Session SB194 DETAILS The bill would amend South Dakota’s medical cannabis laws by imposing THC potency caps on dispensary products, including limits of 30% for cannabis flower, 60% for liquid concentrates, 5 mg per serving and 100 mg per package for edibles, and 5% for cannabis oil. Limit the potency of cannabis products sold at medical cannabis dispensaries. John Carley (R), Mary Fitzgerald (R), Leslie Heinemann (R), Carl Perry (R) John Carley, Mary Fitzgerald, Leslie Heinemann, Carl Perry