South Dakota
‘Fake weed’ ban will take effect Monday as lawsuit against it proceeds • South Dakota Searchlight
A new law barring the production or sale of high-inducing, hemp-derived cannabis products will take effect Monday after a judge declined to block it.
Hemp Quarters 605, a Pierre-based shop that sells those products, filed a lawsuit earlier this month in U.S. District Court in South Dakota. The business claims the new law’s provisions are unconstitutional and in conflict with federal law.
The 2018 federal farm bill legalized the production and sale of industrial hemp and hemp-derived products, provided they contain less than 0.3% of the intoxicating compound delta-9 tetrahydrocannabinol, known as THC, by dry weight.
House Bill 1125, signed into law in March by Gov. Kristi Noem, targets five types of chemicals that appear at low levels in hemp plants. The chemicals can be synthesized and added in amounts large enough for hemp products to ape the intoxicating effects of the delta-9 THC found in marijuana.
Marijuana remains illegal at the federal level, even though it’s legal in some states and medical marijuana is legal in South Dakota.
A violation of the new law will be a class 2 misdemeanor, the state’s lowest-level criminal offense. Like most laws adopted by the Legislature, its effective date is July 1.
Products like gummies, vape pens and smokable hemp containing the chemicals targeted by the new law are widely available across South Dakota. They’re sold in gas stations, grocery and liquor stores and in specialty smoke shops like Hemp Quarters 605.
The company had asked U.S. District Judge Eric Schulte to issue a preliminary injunction to block the law from taking effect as the case plays out in court.
At a hearing on that injunction Thursday in Pierre, Hemp Quarters 605 representatives testified that hemp-derived products constitute more than two-thirds of their retail business.
State Senate votes to back stricter version of ban on sale of ‘diet weed’
They argue the state is violating the U.S. Constitution’s commerce clause by interfering with the sale of federally legal products across state lines. An injunction is appropriate, they said, because they will suffer irreparable harm – namely the potential closure of their business – when the law takes effect.
To earn a preliminary injunction, plaintiffs must first prove they’re likely to “prevail on the merits,” according to an opinion that Judge Schulte filed electronically on Saturday. If the plaintiff – the hemp store in this case – is able to hit that mark, a judge must then find that the plaintiff would suffer irreparable harm without an injunction. The judge must also consider the wider implications of an injunction on other “interested parties” – in this case, the state and those affected by the new law.
A preliminary injunction denial does not settle the lawsuit or guarantee a win for the state, represented in the case by Attorney General Marty Jackley’s office.
Judge Schulte wrote that Hemp Quarters’ arguments weren’t enough to earn an injunction, even if the law might cause its business irreparable harm.
The 2018 farm bill did not expressly prohibit states from enacting laws regulating the hemp trade. In fact, Schulte wrote, it did just the opposite, allowing states to impose “more stringent” regulations for hemp.
“The Legislature’s passage of HB 1125 falls squarely within the police powers traditionally reserved to states, as it is intended to promote the health and welfare of South Dakota’s citizens,” Schulte wrote.
Schulte cited a case challenging a Virginia law regulating hemp in which the judge came to a similar conclusion.
On the commerce clause question, Hemp Quarters had argued that a truck driver from Minnesota carrying federally legal hemp through South Dakota could be subject to state prosecution.
Schulte disagreed. He wrote that the law wouldn’t apply in such a scenario, because it doesn’t criminalize the possession of hemp products. It only bans their production or distribution.
The opinion also noted that the Hughes County state’s attorney has said it has no plans to immediately prosecute the owners of Hemp Quarters. The Attorney General’s Office has made no such promise, Schulte wrote, but lawyers for the state pointed out that “The South Dakota Attorney General’s Office does not typically prosecute misdemeanor offenses such as those contained within HB 1125.”
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The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 4, 2026, results for each game:
Winning Powerball numbers from March 4 drawing
07-14-42-47-56, Powerball: 06, Power Play: 4
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from March 4 drawing
33-38-39-47-51, Star Ball: 07, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Dakota Cash numbers from March 4 drawing
02-18-22-30-32
Check Dakota Cash payouts and previous drawings here.
Winning Millionaire for Life numbers from March 4 drawing
12-13-36-39-58, Bonus: 03
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
- Millionaire for Life: 10:15 p.m. CT daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
PIERRE — A bill from South Dakota Attorney General Marty Jackley to criminalize the creation or sharing of deepfakes was amended this week to more clearly define what constitutes nudity before it reaches Gov. Larry Rhoden’s desk.
The amendment, added on the floor of the House of Representatives, came in response to concerns about unintended consequences.
Senate Bill 41 creates a class of felony crime for the creation or distribution of images digitally altered to depict a person in a state of nudity or involved in a sexually explicit act, commonly referred to as deepfakes.
In testimony in the House Judiciary Committee on Monday in Pierre, Jackley pointed to the case of Mark Rathbun, a former Division of Motor Vehicles employee who is accused of taking images of women and girls from state databases and creating sexual images.“This is real, and it’s something that we unfortunately are seeing happen in our state,” Jackley said.
The judiciary committee voted 8-3 to send the bill to the House floor but not before a discussion on its potential to criminalize political memes.
The bill’s definition of nudity originally encompassed a partial state of nudity. Fort Pierre Republican Rep. Will Mortenson asked Jackley if that would include a fabricated topless photo. Jackley said yes. Then Mortenson asked if a fabricated image of Democratic Illinois Gov. J.B. Pritzker without a shirt, if shared by President Donald Trump on social media, would put the president in line for felony charges.
Jackley said a Pritzker image wouldn’t qualify because Pritzker is male, but Mortenson pushed back.
He noted that partially nude fabrications would be a felony if done with the intent to “self-gratify or alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that individual.”
Nothing in the bill specified that a person in a digitally fabricated topless image must be female.
“We just said that half-nude is a state of nudity, and so now he’s shirtless, and the point of this is to embarrass this guy,” Mortenson said of his topless Pritzker meme scenario.
Mortenson voted against the bill in committee but brought an amendment Tuesday to define nudity as inclusive of male or female genitalia, buttocks or the female nipple.
The amendment passed, but it did not address every concern about the bill.
Democratic Rep. Kadyn Wittman of Sioux Falls asked Jackley during the bill’s committee hearing why he didn’t use it to enhance penalties for people who film others in states of undress or participating in sexual activity against their will.
That behavior is a felony if it involves the recording of a minor, or if it happens repeatedly. The new penalties for deepfakes would be added to the same chapter of South Dakota law.
“Why is the first time hidden recording a misdemeanor generally, but a digitally fabricated image would automatically be a classified felony,” said Wittman.
Jackley said he feels that the creation of digitally manipulated sexual images, even if they aren’t shared, signals “significant criminal intent.” He told South Dakota Searchlight after the committee meeting that he’s open to addressing that issue, but that SB 41’s primary purpose was to target deepfakes.
On the House floor, Wittman was one of two representatives to say the bill’s felony penalties could be unnecessarily harsh in instances where young people make “a stupid decision” and create a deepfake.
“I feel like, in a lot of situations, this bill covers behavior that could be covered by a lower level of offense,” Wittman said.
Supporters countered that the creation of fake nudes can do real psychological damage to real people, and that the state needs to clearly signal that doing so is a serious crime.
“It’s only fun and games until it happens to you,” said Rep. Mary Fitzgerald, R-St. Onge.
The bill passed the House 60-6. It now moves to the state Senate, which passed the bill 32-0 on Jan. 16. The Senate would need to approve the amended version of the bill before it could be delivered to Gov. Larry Rhoden to sign or veto.
The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 3, 2026, results for each game:
Winning Mega Millions numbers from March 3 drawing
07-21-53-54-62, Mega Ball: 16
Check Mega Millions payouts and previous drawings here.
Winning Millionaire for Life numbers from March 3 drawing
09-10-13-25-54, Bonus: 05
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
- Millionaire for Life: 10:15 p.m. CT daily.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
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