South Dakota’s medical marijuana program is under fire again, this time from a Republican lawmaker aiming to shut it down completely. After voters rejected adult-use cannabis in November, Rep. Travis Ismay is doubling down, introducing a bill that would repeal the 2020 law that legalized medical marijuana. If successful, the move would wipe out over 100 legal cannabis businesses and leave thousands of patients without access to their medicine.
A Renewed Effort to Ban Medical Cannabis
House Bill 1101, filed Monday, is Ismay’s second attempt to roll back medical marijuana in South Dakota. His latest push comes on the heels of the state’s repeated rejection of recreational cannabis measures. While voters approved medical marijuana in 2020, they also legalized adult-use cannabis in that same election—only for the state’s Supreme Court to strike it down after a lawsuit backed by then-Gov. Kristi Noem.
Since then, South Dakota voters have twice rejected new efforts to legalize adult use, first in 2022 and again in 2023. Now, Ismay is using that momentum to argue that medical marijuana should be banned as well. He claims voters were misled, calling the program a “travesty” that was “crammed down their throat.”
The Industry Is Already Struggling
Even before this latest repeal effort, South Dakota’s medical cannabis industry was in trouble. Dispensaries have been shutting down, patient numbers are falling, and hemp-derived THC products are providing an alternative that some see as a legal gray area.
- At least eight dispensaries closed in 2024, with business owners citing low patient counts and oversaturation of the market.
- As of Jan. 8, only 11,497 medical marijuana patients were registered in South Dakota, down from 13,705 a year ago.
- Many believe the availability of intoxicating hemp-derived THC products—which are legal under federal law but unregulated in some states—has contributed to the decline in medical marijuana sales.
With fewer patients and increased competition, dispensary owners say they’re struggling to stay open, even without a full repeal.
Public Opinion Remains Divided
Ismay’s argument that voters never wanted medical marijuana in the first place doesn’t fully align with polling data. A 2023 South Dakota State University survey found that voters were split on recreational cannabis, but medical use remains a more complex issue. While some conservatives see it as a step toward full legalization, others argue that medical marijuana provides essential relief for patients with chronic conditions.
That split has left South Dakota in a strange position. Medical marijuana is legal, but its future is uncertain. Recreational use remains illegal, yet hemp-derived THC products are widely available. And while lawmakers like Ismay push for repeal, the state’s cannabis industry is already shrinking under economic pressure.
What’s Next for South Dakota’s Cannabis Laws?
Ismay’s bill is now in the hands of the state legislature, where it will face debate and potential amendments. If it passes, South Dakota could become the first state to fully repeal a voter-approved medical marijuana program. That would leave thousands of patients scrambling for alternatives, including legal hemp-derived THC products that don’t require a medical card.
For now, cannabis advocates are bracing for a fight. Whether lawmakers will back Ismay’s push remains to be seen, but South Dakota’s cannabis laws continue to be some of the most unpredictable in the country.