revise the medical purpose affirmative defense in cannabis prosecution.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

revise the medical purpose affirmative defense in cannabis prosecution.

revise the medical purpose affirmative defense in cannabis prosecution.

What This Bill Does

• revise the medical purpose affirmative defense in cannabis prosecution.
• Official keyword topics: Medical Cannabis Public Health and Safety Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4767/Detail">Ismay</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4752/Detail">Garcia</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4766/Detail">Hunt</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4770/Detail">Jensen (Phil)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4811/Detail">Rice</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4816/Detail">Schaefbauer</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a> and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

revise the medical purpose affirmative defense in cannabis prosecution.
Official keyword topics:
Medical Cannabis
Public Health and Safety
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4767/Detail">Ismay</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4752/Detail">Garcia</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4766/Detail">Hunt</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4770/Detail">Jensen (Phil)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4811/Detail">Rice</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4816/Detail">Schaefbauer</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a> and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>

Current Bill Text

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 revise the medical purpose affirmative defense in cannabis prosecution. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 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 REPEALED. 6
A person is not required to possess a registry identification card to raise the 7
affirmative defense set forth in § 34-20G-51. 8