The bill proposes the repeal of existing legal provisions that allow individuals to use a medical purpose defense in prosecutions related to cannabis. Specifically, it seeks to eliminate the language in sections 34-20G-51 and 34-20G-53, which currently permit individuals to assert that their use of cannabis is for medical reasons, provided they meet certain criteria. These criteria include having a practitioner’s recommendation, possessing a limited amount of cannabis, and ensuring that any cultivation and storage of cannabis is secure and accessible only to the individual asserting the defense.

By repealing these sections, the bill effectively removes the ability for individuals to claim a medical necessity for cannabis use as a legal defense in court. This change signifies a shift in the legal landscape surrounding cannabis use in South Dakota, potentially impacting those who previously relied on medical justification to avoid prosecution.

Statutes affected:
Introduced, 01/28/2025: 34-20G-51, 34-20G-53