The amendment replaced the requirement for a registry identification card with new conditions: the person must have been registered with the department at the time of the alleged offense, and their conduct must have complied with the chapter.
26.529.9 26.529.10 101st Legislative Session 1065 2026 South Dakota Legislature House Bill 1065 HOUSE ENGROSSED Introduced by: Representative Ismay Underscores indicate new language. Overstrikes indicate deleted language. An Act to require revise the possession of a registry identification card to raise an 1 medical purpose affirmative defense in cannabis prosecution. 2 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 2 Section 1. That § 34-20G-51 be AMENDED: 3 34-20G-51. Except as provided in § 34-20G-18 and this section, a person may 4 assert the medical purpose for using cannabis as a defense to any prosecution involving 5 cannabis, and such defense is presumed valid where the evidence shows that: 6 (1) A practitioner has stated that, in the practitioner's professional opinion, after 7 having completed a full assessment of the person's medical history and current 8 medical condition made in the course of a bona fide practitioner-patient 9 relationship, the patient has a debilitating medical condition and the potential 10 benefits of using cannabis for medical purposes would likely outweigh the health 11 risks for the person; 12 (2) The person was in possession of no more than three ounces of cannabis, the 13 amount of cannabis products allowed by department rules, two flowering cannabis 14 plants, two cannabis plants that are not flowering, and the cannabis produced by 15 those plants; 16 (3) The person was engaged in the acquisition, possession, use, manufacture, 17 cultivation, or transportation of cannabis, paraphernalia, or both, relating to the 18 administration of cannabis to treat or alleviate the person's debilitating medical 19 condition or symptoms associated with the person's debilitating medical condition; 20 and 21 (4) Any cultivation of cannabis and storage of more than three ounces of cannabis 22 occurred in a secure location that only the person asserting the defense could 23 access 24 (1) If the person is a: 25 26.529.10 2 1065 Underscores indicate new language. Overstrikes indicate deleted language. (a) Qualifying patient, the person was registered with the department as a 1 cardholder or nonresident cardholder at the time of the alleged offense; or 2 (b) Designated caregiver, the person was registered with the department as a 3 designated caregiver at the time of the alleged offense; and 4 (2) The conduct underlying the alleged offense complied with this chapter. 5 Section 2. That § 34-20G-53 be AMENDED: 4 34-20G-53. REPEALED. 6 A person is not required to possess a registry identification card to 5 raise the 7 affirmative defense set forth in § 34-20G-51. 6 8