The bill proposes the repeal of existing legal provisions that allow individuals to use medical purpose as a defense in prosecutions related to cannabis. Specifically, it seeks to eliminate the language in Section 34-20G-51 that outlines the criteria under which a person could assert a medical defense, including the requirement for a practitioner's assessment of a debilitating medical condition and the possession limits for cannabis. Additionally, it repeals Section 34-20G-53, which states that individuals are not required to possess a registry identification card to raise this affirmative defense.
By removing these sections, the bill effectively eliminates the legal framework that previously permitted individuals to claim medical necessity in cannabis-related cases, thereby tightening the legal repercussions for cannabis possession and use in South Dakota. This change reflects a significant shift in the state's approach to cannabis legislation, moving away from recognizing medical use as a valid defense in legal proceedings.
Statutes affected: Introduced, 01/28/2025: 34-20G-51, 34-20G-53