A South Dakota Senate panel advanced bills to the full Senate that would ban hemp-derived intoxicants (Senate Bill 61) and kratom (Senate Bill 77), but the committee did so without an official recommendation for passage. The bills, sponsored by Sen. John Carley, aim to simplify enforcement and restrict use to licensed medical marijuana dispensaries, but opponents—including business owners and consumers who use the products as alternatives to alcohol or opioids—raised concerns over business impact and the potential removal of non-intoxicating CBD products from shelves.

South Dakota Advances Bills to Ban Intoxicating Hemp and Kratom Without Strong Endorsement

Jan 22, 2026

Source:

Marijuana Moment

South Dakota lawmakers are making moves that could seriously change the local landscape for hemp and kratom enthusiasts. A Senate committee recently advanced two bills that aim to completely ban hemp-derived intoxicants, like Delta-8 and Delta-9 seltzers, along with kratom. Interestingly, the committee didn't actually endorse the bills, but moved them forward to let the full Senate hash it out. Proponents argue these products are unregulated workarounds, while many consumers and business owners testified that these items are vital alternatives to alcohol and opioids.

For the everyday toker, this is a major development to watch. These seltzers and gummies have become popular for their accessibility, especially for those without medical cards. If these bans pass, it essentially forces consumers back into the restricted medical market or, worse, toward more harmful substances. From a community perspective, we should always favor safe, regulated access over flat-out prohibition. This situation highlights the ongoing struggle to balance public safety with the freedom to choose natural alternatives, and the outcome in South Dakota could set a significant precedent for the region.