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 rewrote the bill to shift from merely eliminating a registry card requirement to comprehensively revising the medical purpose defense itself, now establishing detailed conditions (including practitioner assessment, possession limits, and secure storage) that must be met to assert the defense. This change **broadens** the bill from a narrow procedural fix to a substantive restatement of when and how patients and caregivers can use the medical purpose defense in cannabis prosecutions.
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