South Dakota 2022 Regular Session

South Dakota Senate Bill SB19

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/21/22  
Engrossed
1/26/22  
Refer
2/15/22  
Report Pass
3/1/22  
Enrolled
3/3/22  

Caption

Permit certain facilities to establish reasonable restrictions related to the medical use of cannabis.

Impact

The passage of SB19 would significantly impact state laws governing medical cannabis use, particularly in how it interacts with health care facility regulations. Facilities would not be required to permit cannabis use on their premises; however, they could establish guidelines that align with their operational standards. This would empower facilities to create a more controlled environment while addressing potential public health concerns. It is expected that this legislation will standardize how medical cannabis is managed across various health institutions, leading to clearer guidelines for patient care and facility protocols.

Summary

Senate Bill 19 aims to provide health care facilities the authority to establish reasonable restrictions concerning the medical use of cannabis by cardholders receiving treatment or care within those facilities. By amending existing provisions around cannabis usage, the bill seeks to clarify the rights and responsibilities of both facilities and cardholders, ensuring that facilities can operate within their own policies while accommodating medical cannabis usage where necessary. This measure is particularly relevant in contexts where patients may require cannabis as part of their medical treatment but do not wish to consume it within the confines of a health care facility.

Sentiment

Discussions surrounding SB19 reflected a range of sentiments. Supporters emphasized the importance of maintaining patient rights to use medical cannabis while respecting the operational integrity of health care facilities. They argued that the bill represents a balanced approach in recognizing the needs of patients and the concerns of medical providers. Conversely, some critics raised concerns that the restrictions could limit access to cannabis for patients who truly need it for their treatment, thereby undermining the purpose of medical cannabis legislation.

Contention

Debate around SB19 highlighted contention regarding the intersection of patient rights and facility responsibilities. Notably, there were discussions on whether the ability to restrict cannabis use could inadvertently jeopardize access for vulnerable patients. Stakeholders in favor of stronger patient access urged that any restrictions should be minimal and focus primarily on safety rather than access. The discussions brought to light the broader implications of medical cannabis regulations, particularly how they may evolve with changing public perceptions and legal interpretations.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1172

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

SD HB1129

Modify and establish provisions related to medical cannabis.

SD SB24

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

SD SB4

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

SD SB5

Revise acceptable conduct related to the medical use of cannabis.

SD SB42

Modify provisions related to medical cannabis.

SD SB1

Modify debilitating medical conditions for medical cannabis use.

SD HB1055

Modify medical cannabis certification requirements.

SD HB1102

Clarify and modify requirements related to the medical cannabis program.

SD HB1004

Prohibit cardholder cultivation of medical cannabis.

Similar Bills

CA AB1576

Modeling agencies: licensure: models: employees.

SD HB1057

Prohibit the unauthorized transfer of cannabis and cannabis products by a medical cannabis cardholder to another person.

CA AB2695

Credit card surcharges.

CA AB1428

Business practices: prepaid credit cards: refund methods.

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.

NJ S1326

Requires counties to make available voluntary medical identification cards containing relevant patient health information.

NJ S1214

Requires counties to make available voluntary medical identification cards containing relevant patient health information.