South Dakota 2022 Regular Session

South Dakota House Bill HB1097

Introduced
1/21/22  
Refer
1/21/22  
Report Pass
2/1/22  
Engrossed
2/2/22  
Refer
2/3/22  
Report Pass
2/16/22  
Enrolled
2/17/22  

Caption

Clarify conduct that is not required related to medical cannabis.

Impact

The bill's provisions directly impact existing state laws related to medical cannabis by explicitly outlining what is not required in terms of reimbursement and property usage. It reinforces the rights of landlords and property owners, ensuring that they have jurisdiction over their properties concerning cannabis activities. This could potentially limit the accessibility of medical cannabis for patients who may rely on assistance programs, affecting how cannabis is integrated into healthcare practices within the state. The implications of this legislation could resonate throughout public health discussions and legal interpretations of medical cannabis use in the state.

Summary

House Bill 1097 aims to clarify certain aspects of medical cannabis legislation in South Dakota. Specifically, the bill specifies that no state or local government can require government medical assistance programs or private insurers to reimburse for medical cannabis-related expenses. Additionally, it stipulates that landlords are not obligated to allow the growing of cannabis on rental properties, and property owners can prohibit cannabis use on their premises. This legislation is significant in the context of the growing acceptance and regulation of cannabis use, as it delineates clear boundaries for property rights and governmental responsibilities regarding cannabis.

Sentiment

General sentiment surrounding HB 1097 appears to be supportive among property owners and certain healthcare sectors who appreciate the clarity it provides regarding responsibilities and rights. However, there may be concern among advocacy groups for medical cannabis, who might view this legislation as restrictive and potentially inhibitive to patients' access to necessary treatments. Overall, while the bill seeks to clarify regulations, it raises discussions about balance between property rights and patient access.

Contention

A notable point of contention surrounding HB 1097 is the extent to which property rights should intersect with medical needs. Critics argue that by allowing landlords and property owners the ability to prohibit cannabis cultivation and use, it could disproportionately affect individuals who rely on cannabis for medical conditions. Supporters argue that property owners should maintain control over their premises in a way that aligns with their personal and business values. This dichotomy reflects broader societal debates regarding cannabis legalization and its impact on community standards and individual rights.

Companion Bills

No companion bills found.

Previously Filed As

SD SB5

Revise acceptable conduct related to the medical use of cannabis.

SD HB1154

Modify acceptable conduct for practitioners related to medical cannabis.

SD SB15

Revise provisions providing that certain professions are not subject to discipline for certain conduct relating to medical cannabis.

SD HB1102

Clarify and modify requirements related to the medical cannabis program.

SD SB6

Revise provisions related to prohibited conduct by schools and landlords related to medical cannabis.

SD SB10

Revise provisions related to verifications required prior to receiving medical cannabis.

SD SB24

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

SD SB18

Revise rulemaking authority related to medical cannabis.

SD SB42

Modify provisions related to medical cannabis.

SD SB118

Establish provisions related to the testing of medical cannabis.

Similar Bills

No similar bills found.