South Dakota House Bill HB1123

South Dakota 2025 Regular Session

• Introduced: 1/29/25
• Refer: 1/29/25

Caption

Repeal medical purpose as a defense in prosecutions involving cannabis.

Impact

The repeal of the medical defense will likely lead to more stringent enforcement of cannabis laws in South Dakota. Individuals charged with cannabis-related offenses will no longer be able to mitigate their cases by providing evidence of a medical practitioner’s approval for cannabis use. This change could have significant implications for patients who rely on cannabis for medical treatment, potentially leaving them vulnerable to prosecution and limiting their access to necessary care.

Summary

House Bill 1123 seeks to repeal the provision that allows individuals to assert a medical purpose as a defense in prosecutions related to cannabis use. This amendment directly impacts the existing legal framework surrounding cannabis in South Dakota, where individuals previously could defend their possession or use of cannabis based on medical necessity. The bill proposes to eliminate this defense mechanism, suggesting a shift in how cannabis-related offenses will be prosecuted in the state.

Contention

The primary points of contention surrounding HB1123 center on the balance between public safety and individual rights concerning medical cannabis use. Proponents of the bill may argue that removing the medical defense simplifies cannabis law and addresses potential misuse of cannabis prescriptions. Conversely, opponents could assert that this repeal is an overreach that disregards the medical needs of individuals suffering from debilitating conditions, effectively criminalizing those who utilize cannabis for therapeutic purposes.