PIERRE, S.D. — A pair of new drug laws are taking effect in South Dakota this week, as state leaders respond to concerns ranging from prison overdoses to the growing availability of hemp-derived products.
One of the new laws follows a string of overdose deaths inside South Dakota prisons. Lawmakers approved Senate Bill 42, which increases penalties for bringing drugs into correctional facilities and for inmates who use them.
The measure strengthens penalties for ingestion, possession with intent to deliver and delivery of controlled substances inside state prisons.
Under the law, bringing alcohol or marijuana into a prison is now a Class 6 felony. Bringing in prescription drugs, over-the-counter medications or other controlled substances carries a more serious Class 3 felony charge. Inmates who ingest illicit drugs while incarcerated can now face a Class 5 felony.
Rep. Jim Halverson, R-District 21, said the change is necessary because misdemeanor penalties have been difficult to enforce for inmates already in custody.
A second new law focuses on limiting access to hemp-derived products for minors.
Senate Bill 45 expands South Dakota’s existing restrictions by adding delta-9 tetrahydrocannabinolic acid to the list of substances that cannot be sold to minors. The bill, introduced by Attorney General Marty Jackley, builds on earlier efforts to regulate marijuana-like products derived from hemp.
Selling these products to a minor is now a Class 1 misdemeanor, punishable by up to one year in jail and a $2,000 fine, the same penalty as selling alcohol to minors in South Dakota. Possession by a minor is a Class 2 misdemeanor, which carries up to 30 days in jail and a $500 fine.
The move comes after lawmakers in 2024 made it illegal to sell intoxicating hemp-derived products, though that law did not criminalize possession. The South Dakota Department of Health supported that measure, warning that naturally occurring CBD from hemp can be chemically altered to create intoxicating substances in large quantities.
Unlike the hemp plant, which naturally produces very small amounts of Delta-8, Delta-9 or Delta-10 THC, so-called “diet weed” products are often created through chemical reactions in unregulated laboratory settings, raising concerns about contamination from harmful chemicals used in the process, according to the department.
Health officials have also raised concerns about packaging that can be appealing to children and young adults. The products are frequently sold over the counter in gas stations, vape shops, CBD retailers and grocery stores across the country, and sometimes resemble candy.
Meanwhile, the issue is also being debated at the federal level.
Lawmakers in Washington have voted to close what’s often called the “hemp loophole,” which would remove intoxicating hemp-derived compounds like Delta-8, Delta-9 and Delta-10 THC from the legal definition of hemp, effectively banning their widespread sale.
However, the White House is urging Congress to take a different approach, calling for regulation of hemp-derived cannabinoid products instead of an outright ban, or at least a delay in implementation. The proposed federal changes are currently set to take effect November 12.
