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 That § 34-20G-51 be REPEALED. 3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 That § 34-20G-53 be REPEALED. 25 25.623.9 2 1123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