Update: Governor Dennis Daugaard signed legislation March 27, Senate Bill 95, excluding cannabidiol (CBD) from the legal definition of marijuana.

The measure reclassifies CBD under state law as a schedule IV controlled substance. You can read the full text here.

The measure does not establish rules regarding the use of CBD by qualified patients.

Update: Members of the House Health and Human Services Committee removed the FDA provision from SB 95 and passed it 7 to 3 on March 2.

Update: SB 95 passed in the Senate on February 21, and was first read in the House and referred to committee on February 23.

Update: SB 95 was amended by members of the Senate Judiciary Committee so that it will only be excluded from the definition of marijuana once it is approved by the US Food and Drug Administration. This amendment essentially makes this bill moot.

Update: Members of the Senate Judiciary Committee passed SB 157 by a vote of 7 to 3 on February 14.

Two bills are pending in South Dakota that provide various protections for medical marijuana users in South Dakota. SB 95 and SB 157 do not establish a South Dakota program, but protect those individuals who are prescribed medical marijuana in another state.

SB 95 removes cannabidiol from schedule I and places it in schedule IV. Furthermore, it excludes cannabidiol entirely from the definition of marijuana.
SB 157 protects patients that possess marijuana while they have a valid medical card from another state. The measure “covers patients who have moved to Colorado… or another legal state and done their due diligence for being prescribed medical marijuana.”
Although neither bill is perfect, both are a step in the right direction and would provide protection to thousands of patients in South Dakota.
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