This bill modifies South Dakota's medical cannabis defense by clarifying the amount of cannabis someone can legally possess—allowing up to three ounces plus cannabis products approved by the health department, along with up to four cannabis plants (two flowering and two non-flowering) and their harvest. The defense still requires a doctor's statement that the person has a debilitating medical condition and that cannabis would help them, and any cultivation or storage must happen in a secure location only that person can access.
This bill does not directly amend codified state law.
The amendment fundamentally changed the bill from merely removing the registry card requirement to completely restructuring the medical cannabis defense by adding specific conditions: now a person can only assert a medical purpose defense if they were registered with the department as either a qualifying patient, nonresident cardholder, or designated caregiver at the time of the offense, and their conduct complied with state cannabis law. This **narrows and redirects** the bill from eliminating a documentation requirement into reinstating registration as a prerequisite for the defense while simultaneously repealing the section that originally allowed the defense without a card.
Other amendments
Health and Human Services Deferred to the 41st legislative day Passed, YEAS 4, NAYS 3. S.J. 23
Health and Human Services Motion to amend S.J. 23
Health and Human Services Scheduled for hearing
First read in Senate and referred to Senate Health and Human Services S.J. 296
House of Representatives Do Pass Amended Passed, YEAS 53, NAYS 13. H.J. 339
House of Representatives Motion to amend Passed, YEAS 35, NAYS 31. H.J. 338
Health and Human Services Do Pass Passed, YEAS 8, NAYS 3. H.J. 17
Health and Human Services Scheduled for hearing
House of Representatives Referred to House Health and Human Services H.J. 113
First Reading House H.J. 37
Prime sponsor · Rep.
R
Health and Human Services — Deferred to the 41st legislative day
Motion to amend
Do Pass Amended
Health and Human Services — Do Pass