South Dakota just delivered a thunderous message to politicians who want to rip medical cannabis away from patients: not here, not now, not ever.
In a rare unanimous 7-0 vote, the Senate Health and Human Services Committee crushed a Republican-led bill that would have automatically ended the state’s voter-approved medical marijuana program the moment the federal government eases restrictions on cannabis. A second bill to slap harsh THC potency caps on medicine also went down hard, 6-1.
The double defeat marks a major victory for patients across the state who have relied on medical cannabis since voters overwhelmingly passed it in 2020.
Patients Flood Capitol with Emotional Testimony
More than 100 people signed up to testify Wednesday morning in Pierre. Veterans with PTSD, cancer survivors, parents of children with severe epilepsy, and seniors fighting chronic pain packed the committee room and spilled into overflow areas.
One veteran told lawmakers he no longer wakes up screaming since he started using medical cannabis instead of the cocktail of pills that left him feeling like a zombie. A mother broke down describing how THC oil stopped her daughter’s seizures when every pharmaceutical failed.
Lawmakers openly admitted the testimony changed votes. Committee chair Sen. Erin Tobin (R) said she came in leaning toward supporting the repeal but could not look patients in the eye and take their medicine away.
The Man Behind the Bills
Sen. John Carley (R-Rapid City), a retired highway patrol trooper, sponsored both measures. He argued that keeping medical marijuana legal while the plant remains federally scheduled creates confusion for law enforcement and sends mixed messages to kids.
Carley pointed to President Trump’s December order to fast-track rescheduling as proof the federal change is coming soon. His bill would have triggered automatic repeal 90 days after the DEA formally moves marijuana from Schedule I to Schedule III.
Critics called the plan reckless, noting that even if rescheduling happens, millions of Americans would still depend on state medical programs because federal law would continue banning recreational use and limiting pharmaceutical versions.
Why THC Caps Terrified Patients
The second bill sought to cap medical marijuana flower at 10% THC and concentrates at 60%. Patients and industry experts warned those limits would force people back to dangerous black-market products.
South Dakota patients currently access strains with THC levels up to 35% when needed for severe conditions. One dispensary owner testified that veterans with extreme PTSD often require higher potency products that would become illegal overnight under Carley’s plan.
The committee agreed the caps were arbitrary and harmful. Only Carley voted to advance that bill.
What Rescheduling Actually Means for States
The Trump administration’s push to move marijuana to Schedule III would recognize its medical use and lower abuse potential than drugs like heroin or LSD. It would not make recreational marijuana legal nationwide.
Twenty-four states plus Washington, D.C. already have adult-use laws. Thirty-eight states have medical programs. None have ever repealed their programs after federal changes because patients still need safe access.
South Dakota’s medical marijuana program served over 15,000 patients last year, state health department numbers show. Sales topped $32 million in 2024 with strict regulations and testing requirements that black-market products never meet.
A Growing Red-State Rebellion
The vote continues an unexpected trend: deep-red states are some of the strongest defenders of cannabis access once voters approve it.
Similar attempts to roll back voter-approved programs have failed this year in Missouri, Oklahoma, and now South Dakota. Lawmakers are learning the hard way that patients and veterans make extremely sympathetic witnesses when politicians threaten their medicine.
The failed bills are effectively dead for the 2025 session. Any future attempts would face even steeper climbs after Wednesday’s public drubbing.
For thousands of South Dakotans who manage pain, anxiety, seizures, and nausea every single day, the message from Pierre was clear: your voice matters more than outdated ideology.
What happened in that committee room wasn’t just politics. It was humanity winning over fear.
