22.155.12 97th Legislative Session 277

2022 South Dakota Legislature

Senate Bill 7

Introduced by: Senators Wheeler, Breitling, Duhamel, Heinert, Rohl, V. J. Smith, and Stalzer and Representatives Finck, Bartels, Bordeaux, Chaffee, Derby, Deutsch, Duba, Fitzgerald, Goodwin, Milstead, Perry, Rehfeldt, Wiese, and Willadsen at the request of the Marijuana Interim Study Committee

An Act to revise provisions related to custody and visitation rights by medical cannabis cardholders.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-20G-21 be AMENDED:

34-20G-21. No person may be denied custody of, or visitation rights with, or parenting time with a minor solely for because the person's status as person is a cardholder, and there. There is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence. Nothing in this chapter supersedes or otherwise affects custody decisions, visitation rights, or parenting time based upon the best interests of the child.

Underscores indicate new language.

Overstrikes indicate deleted language.