Bill > HB1065

This bill modifies the existing law regarding the medical purpose affirmative defense in cannabis prosecutions, which allows individuals to use a medical necessity as a defense if they are using cannabis for a debilitating medical condition. Previously, this defense was presumed valid if a practitioner determined the benefits outweighed the risks, and the person possessed specific, limited amounts of cannabis and plants, and any cultivation was in a secure location. This bill amends the law to remove the practitioner's assessment of benefits versus risks and the specific quantity limits for cannabis and plants, instead requiring that the person be a registered "qualifying patient" (meaning they have a medical cannabis card) or a "designated caregiver" (someone authorized to assist a qualifying patient) at the time of the alleged offense, and that their actions complied with the chapter's regulations. Additionally, the bill repeals a provision that stated a person was not required to possess a registry identification card to raise this defense, effectively making registration a prerequisite for the medical purpose affirmative defense.

Health and Social Services

https://sdlegislature.gov/#/Session/Bill/26828