South Dakota Bill Would End Medical Cannabis Program if Federal Government Reschedules Cannabis

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.