| 1 | 1 | | 25.623.9 100th Legislative Session 1123 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1123 |
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| 12 | 12 | | Introduced by: Representative Fitzgerald |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to repeal medical purpose as a defense in prosecutions involving cannabis. 1 |
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| 17 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 |
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| 18 | 18 | | Section 1. That § 34-20G-51 be REPEALED. 3 |
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| 19 | 19 | | Except as provided in § 34-20G-18 and this section, a person may assert the 4 |
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| 20 | 20 | | medical purpose for using cannabis as a defense to any prosecution involving cannabis, 5 |
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| 21 | 21 | | and such defense is presumed valid where the evidence shows that: 6 |
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| 22 | 22 | | (1) A practitioner has stated that, in the practitioner's professional opinion, after 7 |
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| 23 | 23 | | having completed a full assessment of the person's medical history and current 8 |
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| 24 | 24 | | medical condition made in the course of a bona fide practitioner -patient 9 |
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| 25 | 25 | | relationship, the patient has a debilitating medical condition and the potential 10 |
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| 26 | 26 | | benefits of using cannabis for medical purposes would likely outweigh the health 11 |
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| 27 | 27 | | risks for the person; 12 |
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| 28 | 28 | | (2) The person was in possession of no more than three ounces of cannabis, the 13 |
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| 29 | 29 | | amount of cannabis products allowed by department rules, two flowering cannabis 14 |
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| 30 | 30 | | plants, two cannabis plants that are not flowering, and the cannabis produced by 15 |
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| 31 | 31 | | those plants; 16 |
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| 32 | 32 | | (3) The person was engaged in the acquisition, possession, use, manufacture, 17 |
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| 33 | 33 | | cultivation, or transportation of cannabis, paraphernalia, or both, relating to the 18 |
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| 34 | 34 | | administration of cannabis to treat or alleviate the person's debilitating medical 19 |
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| 35 | 35 | | condition or symptoms associated with the person's debilitating medical condition; 20 |
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| 36 | 36 | | and 21 |
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| 37 | 37 | | (4) Any cultivation of cannabis and storage of more than three ounces of cannabis 22 |
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| 38 | 38 | | occurred in a secure location that only the person asserting the defense could 23 |
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| 39 | 39 | | access. 24 |
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| 40 | 40 | | Section 2. That § 34-20G-53 be REPEALED. 25 25.623.9 2 1123 |
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| 41 | 41 | | Underscores indicate new language. |
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| 42 | 42 | | Overstrikes indicate deleted language. |
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| 43 | 43 | | A person is not required to possess a registry identification card to raise the 1 |
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| 44 | 44 | | affirmative defense set forth in § 34-20G-51. 2 |
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