South Dakota Lawmakers Considering Marijuana Bills

Last week, the South Dakota State Senate passed Senate Bill 95, which would remove cannabidiol, or CBD oil, from the definition of marijuana and make it a Schedule IV controlled substance under state law. However, the bill included a requirement that CBD oil be approved by the Food and Drug Administration, which would indefinitely curtail access to CBD oil in South Dakota.

On March 2, the House Health and Human Services Committee approved SB 95 by a vote of 7-3 and added an amendment eliminating prior FDA approval with the goal of increasing access for patients. MPP is closely monitoring SB 95 for potential problems, since pharmaceutical companies and their lobbyists are pushing the South Dakota Legislature to keep the FDA approval requirement in the bill.

Additionally, Senate Bill 129 was introduced with a total of 15 sponsors. This legislation would revise the penalty for ingestion of marijuana, which would undo South Dakota's uniquely severe law of criminalizing internal possession. However, the sponsors have unambiguously stated this is not a first step toward legalizing marijuana. Nonetheless, if enacted, this bill demonstrates a step toward reasonable regulatory laws relating to possession.