The bill amends the existing law regarding the medical purpose affirmative defense in cannabis prosecutions in South Dakota. It revises the criteria under which a person can assert a medical purpose defense by removing previous requirements, such as the necessity for a practitioner’s assessment and specific possession limits. Instead, the new language stipulates that a qualifying patient or designated caregiver must be registered with the department as a cardholder or caregiver at the time of the alleged offense. Additionally, the conduct related to the alleged offense must comply with the relevant chapter of the law.

Furthermore, the bill repeals a provision that stated a person is not required to possess a registry identification card to raise the affirmative defense. This change emphasizes the importance of being registered to assert the medical purpose defense, aligning the legal framework with the updated requirements for qualifying patients and caregivers. Overall, the bill aims to clarify and streamline the legal defenses available to individuals using cannabis for medical purposes.

Statutes affected:
Introduced, 01/14/2026: 34-20G-53
House Engrossed, 02/17/2026: 34-20G-51, 34-20G-53