Bill > HB1123

This bill proposes to completely repeal existing legal provisions that previously allowed medical cannabis use as a defense in criminal prosecutions. Specifically, the bill eliminates the current statute that outlined conditions under which a person could assert medical purpose as a legal defense for cannabis-related charges. These previous conditions included having a practitioner's professional opinion about a debilitating medical condition, possession limits, and specific circumstances related to cannabis acquisition and use. By repealing these sections of law (§ 34-20G-51 and § 34-20G-53), the bill removes the legal mechanisms that previously protected medical cannabis users from criminal prosecution. This means that individuals who previously could use medical necessity as a defense for cannabis-related offenses will no longer have that legal protection, effectively making medical cannabis use more legally vulnerable in South Dakota. The bill does not provide alternative protections or defenses for medical cannabis users, which could potentially impact patients who rely on cannabis for medical treatment.

Justice

https://sdlegislature.gov/#/Session/Bill/25977