South Dakota 2023 Regular Session

South Dakota House Bill HB1102

Introduced
1/23/23  

Caption

Clarify and modify requirements related to the medical cannabis program.

Impact

By implementing these clarifications, HB1102 seeks to enhance the integrity of the medical cannabis program by ensuring patients receive proper medical review and care concerning their debilitating medical conditions. The bill establishes clear guidelines for practitioners, making it unlawful for them to issue certifications without a thorough assessment of the patient's medical history, effectively aiming to reduce potential misuse of the program. These refinements could directly impact the number of eligible patients and those seeking certifications, possibly leading to a stricter control environment within the medical cannabis framework in South Dakota.

Summary

House Bill 1102 aims to clarify and modify the existing requirements related to the medical cannabis program in South Dakota. The bill emphasizes the necessity of a bona fide practitioner-patient relationship before a practitioner can issue a written certification for a qualifying patient's medical use of cannabis. One significant change introduced by this bill is the inclusion of detailed stipulations that a practitioner must follow, such as conducting an in-person physical examination of the patient and maintaining accurate health records that reflect the patient's evaluation and treatment plan.

Contention

Despite the intended improvements, the bill may encounter opposition regarding its rigorous requirements for practitioners. Critics might argue that adding such strict standards could limit access to necessary medical cannabis for some patients, especially where timely access is critical for alleviating severe symptoms. Moreover, by mandating in-person examinations, it may pose logistical challenges for patients who find it difficult to travel, thereby possibly exacerbating healthcare disparities among those with debilitating conditions. The balance between ensuring patient safety and providing access remains a significant point of debate in discussions surrounding HB1102.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1055

Modify medical cannabis certification requirements.

SD SB42

Modify provisions related to medical cannabis.

SD HB1129

Modify and establish provisions related to medical cannabis.

SD SB1

Modify debilitating medical conditions for medical cannabis use.

SD SB26

Revise the definition of practitioner for purposes of the medical cannabis program.

SD SB82

Modify standards for a bona fide practitioner-patient relationship required prior to the issuance of a medical cannabis certification.

SD SB5

Revise acceptable conduct related to the medical use of cannabis.

SD SB24

Establish a maximum number of cannabis plants that may be cultivated by a medical cannabis cardholder.

SD HB1004

Prohibit cardholder cultivation of medical cannabis.

SD SB4

Revise provisions related to a written certification for the medical use of cannabis.

Similar Bills

SD HB1055

Modify medical cannabis certification requirements.

SD HB1129

Modify and establish provisions related to medical cannabis.

SD SB82

Modify standards for a bona fide practitioner-patient relationship required prior to the issuance of a medical cannabis certification.

SD SB23

Revise the definition of bona fide practitioner-patient relationship.

SD HB1172

Require a practitioner's medical assessment of a patient to occur in certain facilities for purposes of medical cannabis use.

SD HB1280

Provide for an examination via telehealth for purposes of a bona fide practitioner-patient relationship under the medical cannabis program.

SD HB1150

Provide a medical cannabis patient a registry identification card fee waiver in certain circumstances.

SD SB4

Revise provisions related to a written certification for the medical use of cannabis.