South Dakota 2022 Regular Session

South Dakota Senate Bill SB21

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/21/22  
Engrossed
1/25/22  
Refer
2/15/22  
Report Pass
2/24/22  
Enrolled
2/28/22  

Caption

Revise provisions related to the revocation of a medical cannabis registry identification card.

Impact

The amendments proposed in SB21 reflect a significant shift towards enhancing patient rights within the regulatory framework of medical cannabis in South Dakota. By establishing clear protocols for communication regarding the status of a medical cannabis identification card, the legislation aims to prevent arbitrary decisions by the state department. Additionally, it affirms the right of individuals to seek judicial review of final decisions regarding card revocations, allowing patients a legal recourse to challenge potentially unjust outcomes. This could lead to a more accountable regulatory system and promote trust among patients relying on medical cannabis for treatment.

Summary

Senate Bill 21 seeks to amend existing provisions related to the revocation of medical cannabis registry identification cards in South Dakota. The bill mandates that the state department must provide written notice to qualifying patients regarding the reasons for denying or revoking their registry identification cards. This increase in transparency aims to ensure that patients are fully aware of the circumstances that may lead to the denial or revocation of their medical cannabis access. The changes are designed to create a fair process that respects the rights of individuals seeking cannabinoid therapies.

Sentiment

Overall, the sentiment surrounding SB21 appears to be positive among advocates for medical cannabis rights and patient autonomy. Proponents view the bill as a step towards better governance and improved access for patients needing medical cannabis. The emphasis on notification and clarity suggests a recognition of patient rights, which is appreciated by advocates in the cannabis community. However, the bill could still attract scrutiny from conservative factions concerned about the broader implications of expanding medical cannabis access.

Contention

While SB21 presents a more structured approach to the revocation of medical cannabis cards, potential sources of contention may arise during discussions about its implementation. Some legislators or stakeholders may argue about the efficacy of the written notice requirement and its impact on the state department’s operational capacity. The ability for patients to appeal decisions through judicial review might also raise concerns regarding increased litigation and its effects on the state’s legal system. These debates will likely shape the bill's progress through the legislature as stakeholders navigate the balance between patient rights and regulatory oversight.

Companion Bills

No companion bills found.

Previously Filed As

SD SB4

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

SD HB1150

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

SD SB42

Modify provisions related to medical cannabis.

SD SB5

Revise acceptable conduct related to the medical use of cannabis.

SD SB13

Repeal provisions permitting certain documents to serve as temporary registry identification cards for medical cannabis.

SD HB1056

Revise provisions related to medical cannabis data maintained by the Department of Health.

SD SB118

Establish provisions related to the testing of medical cannabis.

SD SB14

Revise provisions related to the confidential list of medical cannabis cardholders maintained by the Department of Health.

SD SB18

Revise rulemaking authority related to medical cannabis.

SD SB26

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

Similar Bills

No similar bills found.