South Dakota Bill Would End Medical Cannabis Program if Federal Government Reschedules Cannabis
- SB.181 proposes repealing South Dakota's medical cannabis law 90 days after cannabis is federally rescheduled from Schedule I to Schedule III under the Controlled Substances Act.
- President Donald Trump signed an executive order in December 2025 directing the federal government to move cannabis to Schedule III, prompting state legislative action.
- SB.194 seeks to impose THC limits on various cannabis products, including a 30% cap on flower, 5 mg per serving and 100 mg per package on edibles, 5% on oils, and 60% on concentrates.
- Both bills are under review in the Senate Health and Human Services Committee, and Senator John Carley has also introduced bills to ban retail sales of hemp-derived THC and kratom products in South Dakota.
Two bills in South Dakota aim to make changes to the state’s medical cannabis program, KOTA reports. SB.181 would repeal the state’s medical cannabis law if and when the federal government moves cannabis from a Schedule I drug to a Schedule III drug under the Controlled Substances Act.
The law would eliminate the medical cannabis program 90 days after the federal changes. President Donald Trump (R) signed an executive order in December 2025 that directs the government to move cannabis to Schedule III.
State Senator John Carley (R), the sponsor of both bills, told KOTA that once the federal reforms are finalized, cannabis “moves into a category of basically medicine” and that the legislation aligns the state “with that movement.”
SB.194 would impose the cap, limiting THC in flower to 30%, imposing a 5 milligram per serving and 100 milligram per package THC cap on edibles, a 5% THC cap on “cannabis oils,” and a 60% cap on concentrates, according to the bill text.
Both proposals are currently in the Senate Health and Human Services Committee.
Carley has also introduced legislation this session to ban the retail sale of hemp-derived THC products and ban the sale of kratom products in the state.