South Dakota 2023 Regular Session

South Dakota Senate Bill SB3

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/24/23  
Engrossed
1/30/23  
Refer
1/31/23  

Caption

Prohibit the issuance of a written certification to a pregnant woman or breastfeeding mother for purposes of medical cannabis use.

Impact

Should SB3 pass, it will amend existing statutes within the South Dakota medical cannabis laws, specifically targeting the provisions that permit medical use certification by practitioners. This could significantly impact access to medical cannabis for pregnant and breastfeeding individuals, who may otherwise rely on such treatment for various debilitating medical conditions. The decision to bar these individuals from obtaining certifications could result in continued health risks for those needing alternative health interventions during these sensitive periods.

Summary

Senate Bill 3 seeks to amend South Dakota's medical cannabis legislation by explicitly prohibiting healthcare practitioners from issuing written certifications for medical cannabis use to pregnant women or breastfeeding mothers. This legislative move is primarily rooted in concerns about the health implications of cannabis use during pregnancy and lactation, as well as the potential risks it poses to developing infants. The bill reiterates the state's commitment to protecting vulnerable populations by setting clear boundaries on who can receive medical cannabis certifications.

Sentiment

The sentiment among legislators and advocacy groups regarding SB3 appears to be mixed. Proponents argue that the bill is a necessary preventative measure aimed at protecting the health of both mothers and their children, while opponents may view it as an overreach, curbing the rights of individuals to access potentially beneficial medical treatments. This complex emotional landscape highlights the ongoing debate between public health safety and individual autonomy in medical treatment choices.

Contention

Notable contention surrounding SB3 includes the discussions about the balance between medical freedom and health security. Advocates for the bill assert that the risks associated with cannabis use during pregnancy and breastfeeding necessitate stricter control over who can access medical cannabis. Critics, however, argue that the prohibition could hinder necessary treatment access for new mothers facing severe health challenges and may undermine their autonomy to make informed medical decisions regarding their health and that of their children. This ongoing dialogue reflects broader themes of health, safety, and individual rights within cannabis legislation.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1053

Prohibit the issuance of a written certification to a pregnant woman or breastfeeding mother for purposes of medical cannabis use.

SD SB4

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

SD HB1055

Modify medical cannabis certification requirements.

SD SB82

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

SD HB1172

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

SD HB1004

Prohibit cardholder cultivation of medical cannabis.

SD SB26

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

SD SB1

Modify debilitating medical conditions for medical cannabis use.

SD SB5

Revise acceptable conduct related to the medical use of cannabis.

SD HB1280

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

Similar Bills

SD HB1057

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

SD HB1101

Repeal provisions related to medical marijuana.

MS HB976

Sellers of alternative nicotine products and package retailers; require to have a third-party age verification service.

SD HB1004

Prohibit cardholder cultivation of medical cannabis.

SD SB24

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

TX SB1839

Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of cannabis for medical purposes; authorizing fees.

TX HB3785

Relating to authorizing the possession, use, cultivation, distribution, transportation, and delivery of cannabis for medical purposes; authorizing fees.

SD SB42

Modify provisions related to medical cannabis.