25.624.9 100th Legislative Session 1209
2025 South Dakota Legislature
House Bill 1209
Introduced by: Representative Fitzgerald
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to repeal authorization for the use of medical cannabis by a probationer or 1
parolee. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 34-20G-96 be REPEALED. 4
In order for an individual who is serving a probationary sentence under the 5
supervision of the Unified Judicial System or who is on conditional release or parole from 6
a state correctional facility under the legal custody of the Department of Corrections to 7
utilize medical cannabis, the individual's practitioner must attest that the use of medical 8
cannabis is: 9
(1) Consistent with the medical standard of care for the treatment of the individual’s 10
documented debilitating medical condition and any symptoms associated with the 11
debilitating medical condition; 12
(2) Reasonable in light of the practitioner’s observation and the individual's physical 13
examination, diagnostic test results, medical history, and reported symptoms; and 14
(3) Reasonable in light of the risks and benefits of medical cannabis as compared to 15
the risks and benefits of other treatment options for the individual’s debilitating 16
medical condition and any symptoms associated with the debilitating medical 17
condition. 18