Tag: south dakota

South Dakota Senate Panel Advances Bills To Ban Intoxicating Hemp And Kratom—But Without Recommendations For Passage

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.”

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Leftist Physically Assaults, Threatens to Kill South Dakota Republican Gubernatorial Candidate Over His Support For Charlie Kirk

More left-wing political violence.

Pro-Trump South Dakota Republican gubernatorial candidate and Aberdeen businessman, Toby Doeden, was physically assaulted and threatened on Saturday evening over his support for Charlie Kirk.

Toby Doeden expressed his support for Charlie Kirk this week after a gunman assassinated the TPUSA founder.

And he was attacked for supporting Charlie Kirk and his wife Erika.

Toby Doeden was attending the Northern State University football game on Saturday evening when an angry leftist physically assaulted him and threatened to kill him.

The leftist was immediately arrested.

Per political consultant Matt Hurley:

Earlier this evening, while attending the Northern State University football game, South Dakota Republican gubernatorial candidate Toby Doeden was approached by an agitated individual.

The individual proceeded to physically assault Mr. Doeden while making multiple threats on his life and repeatedly referencing his support for the late Charlie Kirk.

The individual was immediately detained and subsequently arrested.

We are grateful for the swift response of both the Northern State University Campus Police and the Aberdeen Police Department.

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South Dakota Medical Marijuana Industry Cheers Sting Operations On Hemp Product Sellers

South Dakota’s medical cannabis industry voiced its support for sting operations targeting sellers of hemp products that create a marijuana-like high.

The comments from Jeremiah Murphy, a lobbyist for the Cannabis Industry Association of South Dakota, came during Tuesday’s meeting of the state’s Medical Marijuana Oversight Committee.

Murphy’s association represents the state’s 116 licensed medical cannabis cultivators, manufacturers and dispensaries.

The industry “commends the Pennington County Sheriff’s Office” for its sting operation targeting hemp-based THC products at eight Rapid City-area smoke shops and convenience stores, Murphy said.

Law enforcement bought samples of gummies, THC drinks and other products with “hemp-derived” ingredients. Strains of THC is a family of high-inducing molecules found in large concentrations in the cannabis plant.

The hemp plant is a cousin to cannabis that contains tiny quantities of THC. Hemp-derived intoxicants often get their THC from chemically modified or distilled CBD. CBD is a different, nonintoxicating molecule found in cannabis and hemp.

Hemp is legal to cultivate under the 2018 farm bill, and hemp-derived products are legal under federal law. Since mid-2024, however, South Dakota has barred the sale–but not the possession–of products made with chemically synthesized versions of THC.

The Rapid City compliance check followed a July 10 letter from Pennington County State’s Attorney Lara Roetzel to businesses suspected of unlawful hemp sales.

Katy Urban, spokeswoman for Roetzel’s office, says the agencies are waiting for testing results to determine if any laws were broken.

Sioux Falls Police Department spokesman Aaron Benson said the SFPD has performed one compliance check, and is waiting on results from a lab test to determine how to proceed with one case. Benson declined to say how many businesses were visited, citing the open investigation.

Committee hears support for compliance

At Tuesday’s medical marijuana committee meeting, Murphy repeated an assertion he’s used for nearly two years now:  The availability of hemp-derived alternatives to medical cannabis puts the state’s highly regulated medical marijuana industry at a disadvantage.

“Why do I go to a doctor and pay him, and why go pay the state to pay even more money, when I can go to the vape shop, or I can go to the hemp store and they’re selling exactly what I need?” Murphy said.

The number of medical marijuana cards issued in the state stands at around 14,000, but changes slightly every day, Whitney Brunner of the Department of Health told the medical marijuana committee Tuesday.

“Any data point presented on patient cards is representative of a snapshot in time,” Brunner said.

Cards issuance has picked up slightly since voters rejected a ballot measure to legalize recreational cannabis last fall, but remained at about 14,000 as of this week. A little more than 70 percent of the cards have been issued to people for the management of chronic pain, Brunner told the committee.

Medical cannabis purveyors supported the law banning the sale of synthetically altered hemp products, but the law hasn’t led to a crush of cases against sellers. Around 100 charges had been filed as of last month, between juvenile and adult cases, according to the Unified Judicial System. Several of those charges were attached to individual defendants.

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South Dakota Follows Texas with Broader Online Digital ID Law

The Supreme Court’s endorsement of Texas’ age verification law for adult websites has paved the way for a surge of similar online digital ID measures across the country.

South Dakota is the first to follow, as its new statute requiring age verification or estimation for sites distributing adult content takes effect today.

However the South Dakota law is much broader and applies to a wider range of websites, not just those that have a large percentage of adult content.

We obtained a copy of the bill for you here.

The law applies broadly to any platform that regularly deals in explicit material, without setting a specific threshold for how much of the site’s content qualifies.

This contrasts with Texas’ approach, where the rule kicks in if at least one-third of a site’s material is deemed pornographic.

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Biden’s Lawfare Nearly Ripped This South Dakota Ranching Family Apart

South Dakota ranchers Charles and Heather Maude are no longer bracing for their lives to be crushed by a terrifying federal government that attempted to imprison them for 10 years each, leaving their children essentially orphaned, over a simple land dispute. The Trump Administration announced this week it has dropped criminal charges of “theft of federal property” against the ranchers that were brought by the Biden Administration. It is a case that highlights the stark contrasts between how the Biden and Trump administrations treat citizens and solve problems.

 It was clear Wednesday during a Washington, D.C., press conference that this family’s liberty and livelihood hinged on which party won the White House.

“We’re standing here with a fifth-generation rancher, with their two young children who are great Americans, who’ve never done anything wrong, that the Biden administration was actively working to put in prison,” Agriculture Secretary Brooke Rollins said during that press conference. “While at the same time, many of those same elected officials on the other side are actively working to get out of prison gang members, illegal aliens, etc. We are not the same.”  

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Intoxicating Hemp Products Are Undercutting South Dakota Medical Marijuana Sales, Businesses Tell Lawmakers

South Dakota’s legislative oversight committee on medical marijuana was thrust into the world of synthetic THC on Monday as members heard complaints about how loosely regulated, hemp-derived products are affecting the state’s medical marijuana industry.

The Medical Marijuana Oversight Committee heard from business owners and the State Public Health Laboratory director during a meeting in Pierre. They’re concerned about the growth in synthetically altered, hemp-derived products, sold under terms including delta-8 THC and delta-10 THC, which are compounds that can produce a high similar to marijuana. The compound that gives marijuana its high is delta-9 THC.

As with marijuana, the synthetic products take the form of smokable flower, pre-rolled joints, vape oil and edibles. Unlike marijuana, the companies that produce them aren’t subject to the testing, security and labeling requirements attached to the state’s legal medical cannabis market.

Alternatives not only pose a health risk, the witnesses told the oversight committee, but can cut into demand for medical marijuana since the products can be purchased without a medical marijuana patient card and can be loaded with large enough quantities of THC variants to act as a stand-in for marijuana.

Congress authorized hemp growing with the 2018 Farm Bill, and South Dakota has become the largest producer of hemp in the country after legalizing it four years ago. In that time period, the availability and variety of hemp-derived marijuana alternatives has exploded.

The Legislature passed House Bill 1125 last winter to address the “diet weed” market. The law, which went into effect in July but is being challenged in court, bans the creation or sale of some products created through chemical modification of hemp. Possession of the products is still legal.

The new law bans four THC variants, State Public Health Laboratory Director Tim Southern told the committee, but several others remain available. THC-A products, for example, remain widely available in smoke shops that had previously sold other products that are now illegal to sell.

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South Dakota Law Banning Intoxicating Hemp Products Takes Effect After Judge Declines To Block It

A new law barring the production or sale of high-inducing, hemp-derived cannabis products will take effect Monday after a judge declined to block it.

Hemp Quarters 605, a Pierre-based shop that sells those products, filed a lawsuit earlier this month in U.S. District Court in South Dakota. The business claims the new law’s provisions are unconstitutional and in conflict with federal law.

The 2018 federal Farm Bill legalized the production and sale of industrial hemp and hemp-derived products, provided they contain less than 0.3 percent of the intoxicating compound delta-9 tetrahydrocannabinol, known as THC, by dry weight.

House Bill 1125, signed into law in March by Gov. Kristi Noem (R), targets five types of chemicals that appear at low levels in hemp plants. The chemicals can be synthesized and added in amounts large enough for hemp products to ape the intoxicating effects of the delta-9 THC found in marijuana.

Marijuana remains illegal at the federal level, even though it’s legal in some states and medical marijuana is legal in South Dakota.

A violation of the new law will be a class 2 misdemeanor, the state’s lowest-level criminal offense. Like most laws adopted by the Legislature, its effective date is July 1.

Products like gummies, vape pens and smokable hemp containing the chemicals targeted by the new law are widely available across South Dakota. They’re sold in gas stations, grocery and liquor stores and in specialty smoke shops like Hemp Quarters 605.

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South Dakota Senate Passes Strict Ban On Delta-8 THC And Other Intoxicating Hemp Products

The state Senate has voted to pass the original, stricter version of a ban on the widely available, hemp-derived “diet weed” products that induce highs similar to marijuana.

House Bill 1125 had originally targeted a wide swath of products. The gummies, vape pens, pre-rolled joints and smokable flowers can be produced using high concentrations of the psychoactive chemicals present in minuscule amounts in industrial hemp, or using synthetically derived versions of those same chemicals.

The chemical concoctions are an unexpected outgrowth of the legalization of industrial hemp at the federal level. The federal legality of the natural intoxicants made the use of them in large concentrations legal by extension, though there have been questions raised by the Drug Enforcement Administration about the legality of the lab-grown versions.

HB 1125 flip-flopped between which kinds of products would be covered as it moved through the lawmaking process.

Rep. Brian Mulder, R-Sioux Falls, moved his bill through the House Health and Human Services Committee in its original form, but saw it modified on the House floor to target only products made from the lab-grown chemicals, which are sold under names like THC-O.

Rep. Oren Lesmeister, D-Parade, told his fellow representatives that a ban on products made with naturally occurring chemicals would hurt small business owners and hemp growers alike. Under that change, products sold under names like Delta-8 or Delta-10 THC would still be legal to sell.

The House passed Lesmeister’s amendment, then passed HB 1125 on a unanimous vote.

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South Dakota Senate Approves Medical Marijuana ‘Guardrails’ For People On Probation And Parole

The state Senate endorsed a bill that would require parolees and probationers to get additional sign-offs from a health care practitioner to get a medical cannabis card.

Current law on medical cannabis has no prohibitions on access for people on probation or parole, even as steering clear of drugs and alcohol are often expectations for those serving out a sentence of supervision.

Senate Bill 191 wouldn’t bar the issuance of a medical cannabis card for a person on supervised release. It would instead require that the recommending practitioner certify that the drug is consistent with the patient’s care plan for a debilitating medical condition, that it’s reasonable based on the practitioner’s observations about the patient and that it’s a better option than alternative treatments. Those certifications would need to be delivered in some form to a court services officer or parole officer.

Sen. Jim Mehlhaff (R-Pierre) told the Senate that the state’s Unified Judicial System and Department of Corrections wanted some “guardrails” against abuse of the medical cannabis system by people under their supervision.

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New South Dakota Law Removes Workplace Protections For Medical Marijuana Patients In Safety-Sensitive Jobs

South Dakota’s Gov. Kristi Noem (R) signed a bill into law this week that would roll back employment protections medical marijuana patients slightly, allowing employers to take action against people who test positive for THC if they work in a safety-sensitive position.

The bill, SB 12, also clarifies that discipline or termination for violating a drug-free workplace policy is not grounds for an employment discrimination or wrongful termination claim.

The change adds clear boundaries to the state’s workplace drug law, which says that “a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication.”

SB 12‘s adoption means that’s no longer the case for safety-sensitive workers, which include positions like pilots, construction workers, healthcare professionals, teachers, nursing home employees, truck drivers and others.

While state law already contains a provision specifying that no employer is required to “allow any employee to work while under the influence of cannabis,” testing positive for THC or its metabolites does not mean that a person is impaired on the job, as evidence can be detectible in a person’s bloodstream for days or weeks after consuming marijuana.

On one hand, the change brings South Dakota in line with other states that have established anti-discrimination protections for workers who use marijuana but excluded safety-sensitive positions. On the other hand, the move to limit workplace protections around cannabis rather expand them makes South Dakota an outlier relative to recent trends.

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