A South Dakota Senate panel advanced—but did not endorse—bans on hemp-derived intoxicants and kratom on Wednesday at the Capitol in Pierre.
Both bills were sponsored by Sen. John Carley, R-Piedmont.
The Senate Health and Human Services Committee voted unanimously to put the two prohibition bills in front of the full state Senate with no recommendation. Committees generally give a “do pass” recommendation to the bills they send out for a floor vote.
The votes came one day after the Senate Judiciary Committee offered its unqualified support for a bill meant to restrict the sale of certain hemp-based products to people older than 21. That bill came from Attorney General Marty Jackley (R).
In testimony about Carley’s bills, business owners and consumers of products like hemp-derived THC seltzers and kratom said they helped people kick opioids or alcohol. They also mentioned sales taxes collected on consumable products and the value of hemp to South Dakota farmers. That led some committee members to oppose the bills and sparked failed attempts to block the proposals. Ultimately, however, the committee opted to let the state Senate weigh in.
“We need to have a conversation about this on the floor,” said Sen. Curt Voight, R-Rapid City. “I think it rises to the level of a legislative decision.”
Possession, sale or use of kratom or THC consumables under each proposal would be a class 2 misdemeanor, punishable by up to 30 days in jail and a $500 fine.
Tighter rules on hemp products
The first bill, Senate Bill 61, aims to act as an outright ban on the possession, sale or use of any intoxicating hemp products in the state outside of licensed medical marijuana dispensaries.
Such products are typically produced by altering or distilling cannabidiol, or CBD, found in the hemp plant to produce forms of tetrahydrocannabinol, or THC, which is the intoxicating compound found in greater abundance in the marijuana plant.
Many of the gummies, vape cartridges and other products made using hemp-derived THC variants like Delta-8, Delta-9 or Delta-10 are sold primarily in smoke shops, but THC seltzers are often available at bars, liquor stores or grocery stores.
The products essentially act as a workaround for the prohibition of marijuana in South Dakota by anyone who lacks a medical marijuana card, Carley said. The senator is also a member of the state’s Medical Marijuana Oversight Committee, which has taken testimony from medical cannabis providers about the impact the unregulated market has on their operations.
“This actually is harming the licensed marijuana businesses,” Carley said.
Carley had the support of the South Dakota Police Chiefs’ Association, South Dakota Sheriff’s Association and a group called Protecting South Dakota Kids.
Opponents included representatives for hemp retailers and hemp growers and a handful of business owners, who said the bill’s ban on any products with more than 0.4 percent THC by weight would remove many non-intoxicating products from store shelves, including topical creams.
“All this is a hemp and CBD ban,” said Matt Yde, who sells CBD in Sioux Falls but does not offer intoxicating products. “I would have to close my store, because I would have to remove 90 percent of my products.”
Steve Siegel of the South Dakota Trial Lawyers Association said he’s had many friends who’ve switched to THC seltzers from alcohol or pain killers. He said their popularity shows consumer demand, and getting a medical marijuana card can be expensive and onerous.
“These drinks should be regulated. But they’re selling like wildfire,” Siegel said. “They’re a phenomenal alternative to alcohol.”
Carley responded by saying the state shouldn’t be encouraging people to switch from one mind-altering drug to another.
He was “sorry to hear” about people who’d been addicted to painkillers and alcohol, but said instead of switching to a THC alternative, “They need some friends there. They need some church. They need some God in their life, or even ice cream or tea.”
Hellbound and Down 