Chapter 123

(Senate Bill 7)

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.

Signed March 7, 2022

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.