South Dakota

South Dakota Senate Panel Advances Bills To Ban Intoxicating Hemp And Kratom—But Without Recommendations For Passage – Marijuana Moment

Published

2 months ago

January 22, 2026

South Dakota Senate Panel Advances Bills To Ban Intoxicating Hemp And Kratom—But Without Recommendations For Passage – Marijuana Moment

“I’d hate to take a product away from people who are using it responsibly.”

A South Dakota Senate panel advanced—but did not endorse—bans on hemp-derived intoxicants and kratom on Wednesday at the Capitol in Pierre.

Both bills were sponsored by Sen. John Carley, R-Piedmont.

The Senate Health and Human Services Committee voted unanimously to put the two prohibition bills in front of the full state Senate with no recommendation. Committees generally give a “do pass” recommendation to the bills they send out for a floor vote.

The votes came one day after the Senate Judiciary Committee offered its unqualified support for a bill meant to restrict the sale of certain hemp-based products to people older than 21. That bill came from Attorney General Marty Jackley (R).

In testimony about Carley’s bills, business owners and consumers of products like hemp-derived THC seltzers and kratom said they helped people kick opioids or alcohol. They also mentioned sales taxes collected on consumable products and the value of hemp to South Dakota farmers. That led some committee members to oppose the bills and sparked failed attempts to block the proposals. Ultimately, however, the committee opted to let the state Senate weigh in.

“We need to have a conversation about this on the floor,” said Sen. Curt Voight, R-Rapid City. “I think it rises to the level of a legislative decision.”

Possession, sale or use of kratom or THC consumables under each proposal would be a class 2 misdemeanor, punishable by up to 30 days in jail and a $500 fine.

Tighter rules on hemp products

The first bill, Senate Bill 61, aims to act as an outright ban on the possession, sale or use of any intoxicating hemp products in the state outside of licensed medical marijuana dispensaries.

Such products are typically produced by altering or distilling cannabidiol, or CBD, found in the hemp plant to produce forms of tetrahydrocannabinol, or THC, which is the intoxicating compound found in greater abundance in the marijuana plant.

Many of the gummies, vape cartridges and other products made using hemp-derived THC variants like Delta-8, Delta-9 or Delta-10 are sold primarily in smoke shops, but THC seltzers are often available at bars, liquor stores or grocery stores.

The products essentially act as a workaround for the prohibition of marijuana in South Dakota by anyone who lacks a medical marijuana card, Carley said. The senator is also a member of the state’s Medical Marijuana Oversight Committee, which has taken testimony from medical cannabis providers about the impact the unregulated market has on their operations.

“This actually is harming the licensed marijuana businesses,” Carley said.

Carley had the support of the South Dakota Police Chiefs’ Association, South Dakota Sheriff’s Association and a group called Protecting South Dakota Kids.

Opponents included representatives for hemp retailers and hemp growers and a handful of business owners, who said the bill’s ban on any products with more than 0.4 percent THC by weight would remove many non-intoxicating products from store shelves, including topical creams.

“All this is a hemp and CBD ban,” said Matt Yde, who sells CBD in Sioux Falls but does not offer intoxicating products. “I would have to close my store, because I would have to remove 90 percent of my products.”

Steve Siegel of the South Dakota Trial Lawyers Association said he’s had many friends who’ve switched to THC seltzers from alcohol or pain killers. He said their popularity shows consumer demand, and getting a medical marijuana card can be expensive and onerous.

“These drinks should be regulated. But they’re selling like wildfire,” Siegel said. “They’re a phenomenal alternative to alcohol.”

Carley responded by saying the state shouldn’t be encouraging people to switch from one mind-altering drug to another.

He was “sorry to hear” about people who’d been addicted to painkillers and alcohol, but said instead of switching to a THC alternative, “They need some friends there. They need some church. They need some God in their life, or even ice cream or tea.”

Enforcement question

State law already bans the sale and production, but not the use, of adulterated THC derived from hemp plants. Lawmakers passed that bill in 2024.

It’s unclear how Carley’s bill criminalizing possession and use would impact enforcement.

An official opinion on the matter came at the request of the city of Brookings, which operates a municipal liquor store and inquired about the possibility of selling Delta-9 THC drinks at the store.

Attorney General Marty Jackley wrote an official opinion in November that said THC drinks containing hemp-derived Delta-9 THC may be illegal if the intoxicating compounds were created by distilling CBD oil.

Without testing, the opinion says, the question of the legality of any particular hemp-derived drink “cannot be answered.”

Carley pointed to that letter in his testimony and said his bill would “help clean this up, so that both the public and the attorney general can have a better way of controlling this.”

Jackley’s office did not testify for or against Carley’s bill.

Later Wednesday, in an emailed statement, Jackley’s office told South Dakota Searchlight that “we appreciate Sen. Carley bringing this issue to the forefront,” and that Jackley will “continue to work with all legislators on legislation that addresses age-appropriate restrictions and guardrails around these products.”

The issue of testing remains, however.

“Generally speaking questions about whether a specific product is ‘intoxicating’ or otherwise prohibited often still come down to what the product actually contains, which is typically established through reputable laboratory testing,” the statement says.

In an interview after the hearing, Carley said he understands that the products are likely being sold illegally already. Adjusting the current law’s verbiage to specify that hemp-derived THC is meant for medical marijuana users will clarify its intent for law enforcement and the business community, he said.

“This just simplifies it for everyone,” Carley said. “If you want to sell this, it needs to be in a dispensary.”

Kratom ban

As with hemp-derived THC, lawmakers in South Dakota have whittled around the regulatory edges of kratom for several years.

Lawmakers passed a bill to ban the sale of kratom to people younger than 21 in 2021. They voted to set potency limits and require safety and dosing labels, and to ban adulterated derivatives of the drug, in 2025.

Kratom products, most forms of which are legal in South Dakota, are made from the leaves of the kratom tree, which is native to Southeast Asia. Sold as powders, pills or in shot-sized drinks sometimes mixed with other ingredients, kratom products can have stimulant or intoxicating effects, depending on the dosage and plant variety used. Kratom can be found in smoke shops, but is also sold in convenience stores across South Dakota.

It can be used to alleviate pain, anxiety or to treat opiate addiction, Carley said, but it can also be abused, lead to addiction and kill people if used improperly.

The Department of Health has tallied at least six deaths from kratom use, Carley said. Health department spokeswoman Tia Kafka told South Dakota Searchlight after the hearing that those deaths came in 2024. Lawmakers passed their latest round of kratom restrictions the following year.

Pointing to a fact sheet from the U.S. Drug Enforcement Administration and a list of states that have banned kratom outright—including, this month, the state of California, whose health department declared its sale illegal—Carley said it’s time for South Dakota to pull the product from shelves. His bill to do that is Senate Bill 77.

“This is an emerging drug issue in the United States,” Carley said.

Michigan resident Susan Eppard testified that she’d lost a son to kratom leaf powder, not to the adulterated versions of kratom lawmakers in South Dakota have already banned.

“Kratom caused him to have a seizure, go into cardiac arrest, and die a violent death on his kitchen floor in front of his girlfriend,” Eppard said.

Matthew Lowe, executive director of the Global Kratom Coalition, said most of the issues associated with kratom use have been tied to the adulterated product. He also said that 18 clinical trials have shown natural leaf kratom to be safe, and that South Dakota’s move to regulate the products’ labeling may well be enough to mitigate any harms that might come from abuse.

“I think we need to focus on what has been passed and create a safe marketplace before we walk down the path of prohibiting natural kratom leaf entirely,” Lowe said.

Debate focuses on business impact, uncertainty

Sen. Jamie Smith, D-Sioux Falls, supported moves to block both bills in the committee, in part based on concerns about impacts to businesses. Worries about the loss of access to CBD products was a particular concern, he said, given the Carley bill’s THC per container dosage limits.

“We’re doing something per container, and we don’t define the size of the container,” Smith said. “That’s bad legislation.”

Sen. Tim Reed, R-Brookings, meanwhile, said it may be too soon to move on kratom, given testimony about how people can use it to replace opioids or treat pain.

“I’d hate to take a product away from people who are using it responsibly,” Reed said.

Sen. Kevin Jensen, R-Canton, represented the majority on both bills, opposing moves to stop the bill in committee. Kratom specifically has become a problem drug for young people in South Dakota, he said, because “it’s so easy to get” in spite of the age limits.

The impact on business and sales tax collections from users of kratom or THC products, he argued, shouldn’t carry weight in debates on drug abuse.

“When we’re looking at public safety, I don’t want to hear about sales tax revenue,” Jensen said.

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South Dakota

Housing jumpstarts revitalization of Herreid, SD, population 400

Published

7 hours ago

March 23, 2026

Press Room

Housing jumpstarts revitalization of Herreid, SD, population 400

Dick Werner drives his pickup through the streets of this northern South Dakota town and can hardly go a block before stopping to point out new houses or apartments that have popped up in the past few years.

To be sure, the journey doesn’t last long because the agricultural outpost of Herreid – located 7 miles south of the North Dakota border – only has about 400 residents and just a few streets that splinter off U.S. Highway 83, the main drag through town.

And yet, Werner’s excitement is palpable as he shares the stories of how he and other local leaders have spurred a rebirth of the ranching and outdoor recreation town’s population and economy by adding new housing, new municipal amenities and new businesses.

Werner, 68, is a retired banking executive who served in the state Legislature and on the Beadle County Commission before taking on a volunteer role as president of Herreid Area Housing Development (HAHD.)

He grew up in Herried but spent adulthood elsewhere, returning to his hometown in 2016 to find the local grocery store shuttered and the school population at 109, just above the threshold where state law requires dissolution of the school and assimilation into a larger nearby district.

“If you lose your school and your grocery store, your town is in trouble,” Werner said.

Herreid’s population peaked in 1960 at 767 people and has been on the decline since, falling to 416 in 2020, according to the U.S. Census. School enrollment followed suit as the population grew older and fewer families with children made Herreid their home.

Dick Werner of the Herreid, S.D., housing development group, stood on Feb. 3, 2026, in front of an early spec home developed by the organization. Credit: AP/Bart Pfankuch

Since returning, Werner has played a key role in finding the money and providing the expertise to begin rebuilding the housing stock in Herreid, a critical first step in attracting families and workers who form the backbone of the future for any small town in South Dakota.

“We were really hurting for homes because without places to live, there’s no way people can move here to work or raise a family,” he said.

Response: Grants and local donors drive growth

As with many small, remote South Dakota communities, Herreid is not a target for privately funded housing projects, largely because profit margins for developers are too narrow and it is difficult for them to get materials and skilled workers.

Instead, Herreid has turned to a unique funding model to find money for new homes and apartments.

Downtown Herreid, S.D., shown on Feb. 3, 2026, has become... — Downtown Herreid, S.D., shown on Feb. 3, 2026, has become a thriving business district in recent years. Credit: AP/Bart Pfankuch

Over the past decade, Werner has obtained $2.2 million in grants to help pay for land, materials and construction for development of new housing, for rehabilitation of existing homes and businesses, and for municipal projects including a pool, playground and sports complex.

The list of funders is varied and includes among others the South Dakota Housing Authority, U.S. Department of Agriculture Rural Development, the Land, Water and Conservation Fund, Grow South Dakota, the South Dakota Community Foundation, Wellmark Foundation, WEB Water, CoBank, MDU Resources, Campbell County Bank, Federal Home Loan Banks, and Homes Are Possible Inc. in Aberdeen.

Meanwhile, the HAHD created another pool of about $180,000 in available funds by soliciting loans from 30 local residents who were committed to supporting future growth. The group also raised more than $250,000 from fundraising events, including $200,000 from a Queen of Diamonds raffle program held in a local tavern.

“You just have to know where to get the money,” Werner said. “You’ve got to have connections and partnerships, but it’s important to know that there are resources across the state to help your community.”

Evidence: New homes, apartments in Herreid

Successful projects have followed the funding.

HAHD has developed five speculative homes that were sold before completion and brought 25 new residents to town. It has helped new residents pay for single-family and twin homes through the state Governor’s House program, in which houses are built by prison inmates.

HAHD has acquired 16 apartment units that are fully occupied. Its next proposed project is construction of a new three-unit apartment building for which Werner just landed $700,000 in grants. The organization has also helped pay for improvements to 18 existing homes.

The HAHD is now trying to sell and support development of single-family homes on eight lots just north of downtown that are already served by sewer and water lines. The group is selling the full-size lots for only $7,000 and can provide assistance to buyers to keep their construction and mortgage costs low, Werner said.

“We want to get people into homes, to own them and have pride of ownership,” Werner said.

Insights: Economic growth follows housing

If housing is the platform that enables growth in a community, economic development is the resulting engine that can propel forward prosperity for individuals and families.

Through a team effort among town leaders, engaged local residents, the HAHD and the Herreid Economic Development Corp., the town has seen positive growth on several fronts in recent years.

Melinda Neeley, president of the development corporation, said expansion of housing in Herreid has set the stage for arrival of new businesses and residents that have stabilized the local economy.

Even with only 400 people, Herreid now boasts a thriving grocery store, medical clinic, pharmacy, bank, day care, livestock yard, diesel repair shop, and hardware and feed store.

Tax money, grants and local donations were used to help pay for a $200,000 sports complex, a $145,000 upgrade of a downtown playground, and a $1.1 million municipal pool upgrade as well a $20,000 addition of local pickleball courts.

The local K-12 public school just completed a $4 million addition and renovation project.

“I feel like we’re on an upward trajectory,” Neeley told News Watch. “It takes the help of people from all of these different groups to not just maintain what we have but to grow the services we have here.”

Moreover, the slow but steady rebuilding of the local economy has attracted or strengthened employers that are providing good jobs — including the Pig Improvement Co., Agtegra Cooperative, and a host of area ranchers and farmers as well as agricultural supply and trucking companies, Neeley said.

The volunteer economic development group owns several land lots in town that it has made available for development at low cost, Neeley said. The group also owns a few buildings downtown that it is able to rent at reasonable rates, lowering the entry and ongoing costs of businesses that want to make a go of it.

Additionally, the group has taken steps to create succession plans for business owners who plan to retire or leave town, Neeley said. The organization tries to provide affordable rent and other assistance to increase viability of new businesses or for businesses with new ownership.

“If they had to purchase the building, the cost would be much greater,” she said. “The loss of a single business could make a huge impact on our sales tax collection and the housing progress we’ve made.”

Limitations: Positive signs but work to do

Kayla and Preston Huber moved to Herreid seven years ago, and even though Kayla is a nurse, she jumped headlong into entrepreneurship by opening a grocery store called Fresh Start Market.

When she arrived, Herreid did not have a grocery store, and food options were limited within a drivable distance.

She and her husband downsized into a double-wide trailer house that they renovated because housing options were almost non-existent when they arrived.

“We got lucky when we moved back because there weren’t many options (for housing),” she said.

Huber said she has had great success and attributes some of that to efforts to generate new housing in town. “As a business owner, it’s definitely great to see,” she said.

And yet, she sees more opportunity for community growth if more housing can be developed.

“More people want to get out of cities and big-city life, and this is a great place to raise a family,” she said. “We’ve had some younger couples move back, and I know a few more that would move back if there were more places to live.”

Werner predicts that Herreid’s population will show a jump in the 2030 census, which would be the first increase in 70 years. Werner has also done calculations that he said show enrollment in the Herreid school will rise to about 150 in the next four years.

Some of the population growth has come from about 40 Hispanic residents who are in South Dakota on three-year federal work visas, some of whom have purchased homes in Herreid. The town has also attracted several Hutterite families who have moved to town in recent years, Werner said.

“If you’re in small, rural communities in South Dakota, and you’re not willing to accept diversity, you’re not going to grow because the Norwegians, Swedes, Germans and Polish are done coming here,” he said.

Werner said there’s no “special sauce” to generating growth in rural areas but that it does require an individual or a group to step up and get things started. But he cautions that it takes perseverance to keep the momentum and an ability to ignore the doubters.

“Housing development is a marathon, not a sprint, and you’ve got to have people who are committed,” he said. “There’s been all these naysayers out there on all these projects, but once they see the results, the naysayers all go away.”

During the drive around Herreid in February, Werner said that all the time and effort he has put into promoting housing and economic growth in his hometown have been well worth it.

“Probably the toughest thing you can do is to develop a property,” he said. “I’ve run banks, groups of banks and managed dozens of employees, and this is the toughest thing I’ve ever done. But it’s also the most rewarding.”

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South Dakota

SD Lottery Millionaire for Life winning numbers for March 22, 2026

Published

19 hours ago

March 23, 2026

Press Room

The South Dakota Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 22, 2026, results for each game:

Winning Millionaire for Life numbers from March 22 drawing

07-08-17-18-55, Bonus: 02

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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