22.186.10 97th Legislative Session 390
Introduced by: Senators Duhamel, Breitling, and Stalzer and Representatives Milstead, Bartels, Chaffee, Derby, Deutsch, Finck, Fitzgerald, Goodwin, Perry, Rehfeldt, Wiese, and Willadsen at the request of the Marijuana Interim Study Committee
An Act to revise the medical purpose defense related to the medical use of cannabis.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 34-20G-51 be AMENDED:
34-20G-51. Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that:
practitioner has stated that, in the practitioner's professional
opinion, after having completed a full assessment of the person's
medical history and current medical condition made in the course of a
bona fide practitioner-patient relationship, the patient has a
debilitating medical condition and the potential benefits of using
cannabis for medical purposes would likely outweigh the health risks
for the person; (2) The
person was in possession of no more than three ounces of cannabis,
the amount of cannabis products allowed by department rules, six
cannabis plants minimum or as prescribed by a physician, and the
cannabis produced by those plants; (3) The
person was engaged in the acquisition, possession, use, manufacture,
cultivation, or transportation of cannabis, paraphernalia, or both,
relating to the administration of cannabis to treat or alleviate the
person's debilitating medical condition or symptoms associated with
the person's debilitating medical condition; and (4) Any
cultivation of cannabis and storage of more than three ounces of
cannabis occurred in a secure location that only the person asserting
the defense could access.
(1) If the person is a qualifying patient, the person was registered with the department as a cardholder or nonresident cardholder at the time of the alleged offense;
(2) If the person is a designated caregiver, the person was registered with the department and in physical possession of the registry identification card at the time of the alleged offense; and
(3) The conduct underlying the alleged offense complied with this chapter.
Section 2. That § 34-20G-53 be REPEALED:
A person is not required
to possess a registry identification card to raise the affirmative
defense set forth in § 34-20G-51.
Underscores indicate new language.
indicate deleted language.