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 State baseball team is fighting for its season today against Arizona State in the Lincoln Regional. The game is set for 2 p.m.
The No. 4 Jackrabbits (24-32) lost 4-1 to No. 1 Nebraska in the opening game. No. 3 Arizona State lost a 706 heartbreaker to No. 2 Ole Miss in the opening round in 14 innings. The game took nearly 5.5 hours and ended around 1:20 a.m.
Here’s how to watch South Dakota State’s win-or-go-home game.
Watch South Dakota State baseball vs … on ESPN+
South Dakota State vs. Arizona State baseball stream, radio
Stream: ESPN+
Radio: KJJQ 910 AM
South Dakota State vs. Arizona State time today
- Date: Saturday, May 30
- Time: 2 p.m. CT
- Location: Haymarket Park in Lincoln, Nebraska
South Dakota State vs. Arizona State prediction
Paul Cifonelli, Argus Leader: This was always a tough draw for South Dakota State, as I thought this was the toughest regional in the country. At worst it’s the third toughest, with Chapel Hill and College Station in contention.
The Jackrabbits do have an advantage since Arizona State and Ole Miss went at it until after 1 a.m. Both teams stressed their pitching staffs, and every at bat required intense focus. The problem is South Dakota State doesn’t have the same top-end pitching these other teams do.
If Drew McDowell pitches, the Jacks might have a shot here. Otherwise they’ll have to win a slugfest, and I just don’t like those odds.
Prediction: Arizona State 8, South Dakota State 3
MISSION, S.D. (Dakota News Now) – In rural South Dakota, miles often separate expectant mothers from healthcare.
“A lot of women out here are left without any maternity care options,” said Rachel Kocak.
In Mission, moms mark their due dates and calculate miles to the nearest delivery location. Rachel Kocak, expecting her third child, said one option just closed.
“We used to have a birthing unit, I think up until a couple of months ago, and they lost their OB. So, Winner is no longer delivering babies,” Rachel said.
Some mothers remember when they could reach the hospital within a five-minute drive.
“IHS, for tribal members, they don’t deliver babies out here or provide prenatal care,” Rachel explained.
Families hope to reach the hospital before the baby arrives.
“So women either have to drive to Valentine, which is about 30 to 35 minutes from Mission, they can go to Wanblee, which is on the Pine Ridge Reservation, or they have to go to Pierre, Rapid City, or Sioux Falls,” Rachel said.
And if the roads are bad.
“I think there are a lot of babies who are unintentionally born at home. So it’s a tough place, I think, for mothers,” Rachel said.
The March of Dimes breaks down government data, showing a large portion of rural South Dakota as a maternity care desert, requiring travel of 38 or more minutes to reach an appointment or delivery room. The infant mortality rate is higher among native American babies born, compared to other races.
Health Department maps show counties in medium blue have 56 infant deaths per 100,000 births. Dark blue counties have three times as many. Grants aim to increase the number of healthcare workers, and funding supports a doula workforce program.
Kocak would like to see doulas and midwives available.
“Great opportunity for anyone who wants to become a home-birth midwife out here. The birth rate is still, I’m not sure what it is, but it’s high. There’s still a growing young population, and just not enough people to help deliver the babies,” Rachel said.
If care were closer, the outcomes could be brighter.
“You know, having the support network can make a huge change in the lives of these young, you know, these babies and young mothers who are building new families,” Rachel said.
The South Dakota Department of Health released a statement to Dakota News Now, which can be read in full below.
The South Dakota Maternal and Infant Health Task Force was created in 2025 to bring partners together to help improve the health and wellbeing of mothers and infants across the state. Their 5-year strategic plan was recently released, which has three priority areas: postpartum care to improve maternal health; safe sleep education and prevention strategies to protect infant health; and systems of care work that improves access, coordination, and quality of care statewide. One of the strategic plan activities that is supported by Rural Health Transformation is the creation of Regional Maternal and Infant Health Hubs, which will create a hub-and-spoke network connecting hospitals, clinics, tribal health services, and community organizations. These hubs will improve care coordination, strengthen referral pathways, and expand access to services for families in rural and tribal communities.
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