South Dakota House Bill HB1094

South Dakota 2022 Regular Session

• Introduced: 1/21/22
• Refer: 1/21/22
• Report Pass: 1/27/22

Caption

Revise provisions related to medical cannabis for the protection of youth.

Impact

The bill impacts state laws by reinforcing regulations that govern the use of medical cannabis within educational environments. It prohibits students who are medical cannabis cardholders from using cannabis on school grounds, in school vehicles, or during school-related activities unless the district adopts a specific policy allowing such use. Schools that choose to implement this policy must ensure it aligns with safety standards and minimizes exposure to other students while maintaining a conducive educational environment.

Summary

House Bill 1094 revises provisions related to medical cannabis in South Dakota, particularly focusing on the protection of youth. The bill introduces amendments to existing laws surrounding the use of medical cannabis, specifying prohibited conduct such as possession on school grounds and public transportation, as well as restrictions on smoking or vaping cannabis in public places. It asserts that any cardholder under these provisions must be in compliance with local and federal laws and provides exceptions for designated caregivers administering cannabis to students under certain conditions.

Contention

Notable points of contention surrounding HB 1094 include concerns from advocates for youth health and safety versus proponents of medicinal cannabis use. Critics argue that while the intent to protect youth is commendable, the restrictions may hinder access for patients who need cannabis for legitimate medical reasons. Additionally, there are debates regarding how school policies will be enforced, especially regarding the care and administration of cannabis to students, and whether these new provisions adequately consider children's rights and medical needs.