South Dakota 2024 Regular Session

South Dakota Senate Bill SB219

Introduced
1/31/24  
Refer
1/31/24  
Refer
2/2/24  
Report Pass
2/7/24  
Engrossed
2/13/24  
Refer
2/14/24  
Report Pass
2/27/24  
Enrolled
2/28/24  

Caption

Modify provisions related to the control of counties and municipalities over medical marijuana establishments within their jurisdictions.

Impact

If enacted, SB 219 will directly impact existing statutes concerning the regulation of medical marijuana in South Dakota. It will enhance the power of local governing bodies by granting them the authority to set operational limits for medical cannabis establishments, which could lead to a more varied landscape of marijuana regulations across different jurisdictions. The bill’s amendments aim to strike a balance between state law and local governance, potentially reshaping how communities approach medical marijuana within their borders and impacting local economies tied to cannabis operations.

Summary

Senate Bill 219 seeks to modify provisions regarding the authority of counties and municipalities over medical marijuana establishments within their jurisdictions. The legislation emphasizes local control, allowing counties to determine the number of medical cannabis establishments and to impose restrictions regarding their operation, such as location, hours, and licensing requirements. The bill aims to clarify the roles of local governments in regulating medical marijuana while ensuring that dispensaries cannot be outright prohibited by counties or municipalities, thus promoting accessibility within a regulated framework.

Sentiment

The overall sentiment surrounding SB 219 appears favorable, especially among supporters who advocate for local control and the ability to tailor regulations to meet community needs. The bill received broad legislative support, passing with a vote of 67 in favor and only one opposed. However, the sentiment is not without contention, as concerns remain among some groups about the potential for inconsistent regulations across counties, which might lead to confusion among business operators and patients seeking medical cannabis.

Contention

Key points of contention involve the ability of local governments to impose varying regulations that may limit access to medical marijuana. While proponents argue for the necessity of local control, critics worry about the implications of certain restrictive ordinances that may arise from this bill. Additionally, discussions may surface regarding the balance of state versus local authority over a substance that remains federally classified as illegal, setting the stage for ongoing debates about governance and the future of medical marijuana in South Dakota.

Companion Bills

No companion bills found.

Previously Filed As

SD SB134

Revise membership of the Medical Marijuana Oversight Committee.

SD HB1129

Modify and establish provisions related to medical cannabis.

SD HB1132

Revise provisions regarding the duties of the medical marijuana oversight committee.

SD HB1102

Clarify and modify requirements related to the medical cannabis program.

SD SB1

Modify debilitating medical conditions for medical cannabis use.

SD HB1236

Regulate tetrahydrocannabinol for medical use.

SD HB1172

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

SD SB198

Allow medical cannabis establishments to maintain certain cardholder data and to declare an emergency.

SD SB101

Provide the Department of Health with oversight authority for the provision of emergency medical services.

SD SB3

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

Similar Bills

No similar bills found.