South Dakota Senate Blocks Hemp, Kratom Ban Before Floor Debate

South Dakota senators voted Thursday to shut down proposed legislation that would have banned intoxicating hemp-derived products and kratom, preventing the bills from reaching the Senate floor for debate.

The unusual procedural move—rejecting even the discussion of the measures—came after a committee advanced both bills to the full Senate without recommending their passage. The decision effectively kills the proposals for this legislative session.

The bills would have prohibited the use, possession, sale, and consumption of hemp-derived intoxicating products and kratom throughout South Dakota. Their failure marks a significant setback for lawmakers seeking to crack down on the state's growing hemp-derived cannabinoid market, which has operated largely unregulated since the 2018 Farm Bill federally legalized hemp.

The Hemp Conundrum

South Dakota's hemp market has exploded in recent years, with delta-8 THC, delta-10 THC, and other hemp-derived intoxicants appearing in gas stations, smoke shops, and convenience stores across the state. These products exist in a regulatory gray area—legal under federal hemp law but creating headaches for state lawmakers who never intended to legalize intoxicating substances through the backdoor.

The state has a complicated history with cannabis policy. South Dakota voters approved medical marijuana in 2020, but the state has repeatedly rejected adult-use legalization efforts. The proliferation of intoxicating hemp products has frustrated some legislators who see them as an end-run around the state's cannabis restrictions.

But the Senate's refusal to even debate the ban suggests lawmakers are wary of overreach. The hemp industry has created jobs and tax revenue in rural communities, and an outright prohibition could hurt small businesses that have invested in the legal market.

Industry Implications

The vote represents a win for hemp retailers and manufacturers operating in South Dakota. Unlike states such as Arkansas and Minnesota that have moved to ban or heavily restrict intoxicating hemp products, South Dakota appears to be taking a more hands-off approach—at least for now.

Kratom vendors also dodged a bullet. The herbal supplement, derived from a Southeast Asian tree, has faced bans in six states and several municipalities. Advocates argue it helps people manage pain and opioid withdrawal, while critics point to safety concerns and lack of FDA oversight.

What's Next

The committee's decision to advance the bills without a recommendation was telling—it essentially punted the political hot potato to the full Senate, which then declined to catch it. This suggests neither supporters nor opponents had the votes to win a floor fight, and leadership decided to avoid the debate entirely.

Legislators could revisit the issue in future sessions, potentially with more targeted regulations rather than outright bans. Several states have opted for middle-ground approaches, setting age restrictions, testing requirements, and THC potency limits for hemp-derived products instead of prohibiting them completely.

For now, South Dakota's intoxicating hemp and kratom markets remain intact, though likely under increased scrutiny from lawmakers and regulators watching for problems that could justify future action.

This article is based on original reporting by www.marijuanamoment.net.