South Dakota
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.
RAPID CITY, S.D. (KOTA) – More road work and travel impacts are set to begin across western South Dakota this week, with projects ranging from highway striping and crack sealing to temporary rest area closures as well as an upcoming public meeting on a bridge replacement project in Keystone.
The first projects begin Monday, May 11.
S.D. Highway 44: Striping work
On S.D. Highway 44, crews will complete striping work from about 1.5 miles east of Farmingdale to roughly 10.75 miles east of the community.
Work is scheduled from 6 a.m. to 5 p.m. Monday and is expected to continue through Tuesday evening. Drivers should expect daytime lane impacts in the area.
U.S. Highway 385: Striping work
Also beginning Monday, striping operations are scheduled on U.S. Highway 385 from about one mile south of the U.S. Highway 85 junction near Deadwood to the junction itself. Work is expected to take place during daytime hours Monday through Tuesday.
Pavement preservation project on S.D. Highway 20
A pavement preservation project is also scheduled to start Monday on S.D. Highway 20 between Buffalo and Camp Crook. Crews will be sealing cracks in the roadway as part of the project. Traffic will be reduced to one lane during daytime hours, with flaggers and a pilot car guiding motorists through the work zone. Delays of up to 15 minutes are expected.
The contractor for the $112,155 project is Highway Improvement, Inc. of Sioux Falls. The overall completion date is scheduled for Dec. 4.
Drivers are reminded to slow down and use caution around crews and construction equipment in all work zones.
Wasta rest area spring cleaning
Additional travel impacts are expected latter this week with temporary closures planned at the Wasta Rest Areas along Interstate 90 for annual spring cleaning.
The eastbound Wasta Rest Area near mile marker 98 will close at 7 a.m. Tuesday, May 12, and reopen at 9 a.m. Wednesday, May 13. After that reopening, the westbound rest area will close from 9 a.m. Wednesday until 9 a.m. Thursday, May 14. Travelers are encouraged to make alternate plans during the closures.
Public meeting on future bridge replacement project along U.S. Highway 16A in Keystone
On Thursday, May 14, the South Dakota Department of Transportation and Complete Concrete, Inc. will host a public informational meeting on a future bridge replacement project along U.S. Highway 16A in Keystone.
The open house-style meeting will run from 4:30 p.m. to 6:30 p.m. at the Keystone Community Center, 1101 Madill St. Officials say the meeting is intended to provide project details and answer questions from residents, businesses and emergency personnel.
The bridge replacement project is scheduled to begin in October. Plans call for replacing the existing bridge with a box culvert and include additional improvements such as intersection upgrades, resurfacing, pavement markings, traffic signals, ADA upgrades and erosion control. Pedestrian access on both sides of the structure will also be improved.
More information on the Keystone project is available at South Dakota Department of Transportation’s project page.
Current road conditions, closures and construction updates can be found at SD511 or by dialing 511.
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The South Dakota Lottery offers multiple draw games for those aiming to win big.
Here’s a look at May 10, 2026, results for each game:
Winning Millionaire for Life numbers from May 10 drawing
01-03-20-35-46, 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.
South Dakota
After Standing Rock, could a canceled mine project offer a roadmap for opponents of a new oil pipeline in South Dakota?
Almost exactly a decade since the start of the Standing Rock protests against the Dakota Access pipeline gained national and international attention, new disputes are simmering over tribal rights in the Black Hills of South Dakota.
Earlier this month, an environmental organization and a Native American advocacy group sued the US Forest Service, claiming that an exploratory graphite drilling project on national forest land threatened a recognized ceremonial site on mountain meadows known as Pe’ Sla, or Reynolds Prairie.
But on Friday, Pete Lien and Sons, the company behind the project, abruptly withdrew, saying it would perform reclamation on the site and would not seek to file another plan. The decision came as a striking victory for Native American tribes and environmental groups that had opposed it – but other projects in the works may not meet the same conclusion.
The project, claimed nine groups within the Sioux Nation, including the Standing Rock Sioux, would “directly and significantly” affect the use of Pe’ Sla, which sits within Ȟe Sápa, the Lakota name for the sacred Black Hills of South Dakota, itself the locus of Lakota creation myths.
A second exploratory project by a Canadian company looking to mine uranium on state-owned land could affect Craven Canyon, an area that contains 7,000-year-old sites of importance to Indigenous tribes, historians and archaeologists.
Opposition to the twin projects – backed by Pete Lien, of Rapid City, and by Clean Nuclear Energy Corp – comes as a proposed Alberta-to-Wyoming pipeline for carrying Canadian crude oil to the US is close to securing commitments from oil companies after Donald Trump granted permitting through an executive order.
All the projects have at their heart issues of extraction, water safety and sacred sites, much as the Standing Rock dispute of 2016 that saw “water protesters” gather in a standoff with law enforcement over concerns regarding water safety and sacred sites.
That case began when the Standing Rock Sioux passed a resolution stating that “the Dakota Access Pipeline poses a serious risk to the very survival of our Tribe and … would destroy valuable cultural resources” and was a violation of the 1868 Fort Laramie Treaty guaranteeing the “undisturbed use and occupation” of reservation lands surrounding the pipeline.
In the aftermath, the environmental group Greenpeace was ordered to pay damages of $345m by a North Dakota judge to pipeline company Energy Transfer and subsidiary Dakota Access in connection with the protests, an order that is set to go to appeal. Greenpeace claims the legal action is designed to silence activists.
Most of the current disputes relate to energy, reflecting the Trump administration’s drive toward US energy independence and away from dependence on foreign sources, particularly China. Graphite, used in electric vehicle batteries, is almost exclusively imported. Roughly 95%–99% of uranium is purchased from foreign sources, including Russia and Kazakhstan.
The pipeline deal, meanwhile, is expected to help increase oil output from Canada, the world’s fourth-largest producer, to around 6.1m barrels a day, up from 5.5m now. Bridger, the company behind the Alberta-to-Wyoming pipeline, has said the project was being developed in response to identified market interest.
Wizipan “Little Elk” Garriott, a member of NDN Collective, an Indigenous rights group opposing the mining at Pe’ Sla, says the entire process of approval for the planned mine “happened in the dark”.
“There was no notice that they were proceeding provided to us, nor to the sovereign tribal nations,” he says, in violation of environmental and cultural impact study requirements and consultations with the tribes.
Lilias Jarding, director of the Black Hills Clean Water Alliance, one of the parties in the victorious Pe’ Sla action, says the decade since Standing Rock has seen a huge growth in projects attempting to mine tribal lands and areas of ceremonial significance.
Since the start of the second Trump administration, the push for both minerals extraction and energy has dramatically increased. “They’re being more aggressive,” Jarding says. In the case of Pe’ Sla, he adds, the company didn’t stop drilling when the lawsuits was filed: “They started drilling 24 hours a day.”
The alliance, along with tribes, claim the graphite project violated the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA) and that the US Forest Service improperly used a process known as a “categorical exclusion” to bypass reviews.
Oglala Sioux president Frank Star Comes Out said in a statement that the Sioux tribes never ceded to the US the lands in the Black Hills, which, he said, “remain the spiritual center of the Great Sioux Nation and they are not for sale, lease or exploitation” and that the lawsuit is a “united tribal response to protect a sacred site from those who continue to desecrate our ancestral lands”.
Oglala activist Taylor Gunhammer said that drilling at Pe’ Sla was akin to “drilling under the Vatican or at a sacred site in Jerusalem”.
A representative of Clean Nuclear Energy Corp, Mike Blady, said the company was “aware of the cultural significance and are doing everything in our power to ensure that there is no collateral damage”.
Will this amount to a populist action similar to Standing Rock?
The Pe’ Sla dispute did not provoke the kind of Indigenous-led, grassroots resistance to fossil-fuel infrastructure projects that accompanied the Dakota Access pipeline, which in some ways became a template for contemporary protests, powered by social media, celebrities and politicians.
The tribes were not in favor of following in that direction, Jarding says: “It’s a deeply sacred spiritual and ceremonial site, and elders have made it clear that it’s not a good place for another Standing Rock with thousands of people. They say this is not the place.”
Under the Biden administration, the tribal groups felt they were entering into a period of co-management policy over federal lands that in many cases lie within treaty agreements. But under the Trump administration, that sense of co-operation has diminished.
“We’ve seen a ramp-up of opening up federal lands for mineral and gas exploration, but as a planet we need to be moving away from fossil fuels and toward policies that are sustainable into the future,” says NDN’s Garriott.
What was planned for Pe’ Sla now, or was happening at Standing Rock a decade ago, or has indeed happened over a long history of disputes between sovereign tribal groups and the US government, he says, is “protecting our land and protecting our water, not only for ourselves but for the planet. We’re not random protesters out there – we’re protecting our own land”.
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