Half of South Dakota's 2023 marijuana bills succeed

Facebook X Reddit Pinterest

SIOUX FALLS, S.D. (KELO) — Of the 16 bills dealing with marijuana that were introduced into the 2023 South Dakota Legislature, eight were killed and eight have been signed into law.

On Thursday, March 23, Noem signed the final three marijuana-related bills remaining into law. These were HB 1053, HB 1154 and SB 1.

In addition to these, HB 1132, HB 1150, SB 27, SB 134 and SB 198 had previously been signed.

So what do these bills do? Let’s recap:

HB 1053

1053 is a bill which bans a person who is pregnant or breastfeeding from being certified by a physician for the use of medical marijuana.

HB 1132

1132 adjusts the duties of the Medical Marijuana Oversight Committee (MMOC), adding that the committee shall make recommendations regarding and medical and clinical aspects of the medical cannabis program.

HB 1150

1150 requires a practitioner to certify whether they have previously issued a patient a certification for the use of medical cannabis. The bill also eliminates a patient’s fee to the state if they are re-applying for a card for the second time within the span of a year.

Such an event may occur in the event that a practitioner certifies a patient for a six-month period, requiring a follow up consultation to certify them further.

HB 1154

1154 clarifies conduct considered acceptable by practitioners as it relates to medical cannabis. The bill makes it a misdemeanor for a practitioner to:

Direct patients to specific cannabis establishments or caregivers in exchange for financial consideration.
Advertise in a medical cannabis establishment.
Issue certifications for cannabis while having a financial interest in a cannabis business.
Offer discounts, deals or other financial incentives for making an appointment with them.
Do medical assessments in a place licensed to sell alcohol.
Charge patients different rates based on the duration of their certification.

SB 1

SB 1 adds the following conditions to those which qualify a patient for the use of medical cannabis:

Acquired immune deficiency syndrome or positive status for human immunodeficiency virus
Amyotrophic lateral sclerosis
Multiple sclerosis
Cancer or its treatment, if associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting
Crohn’s disease
Epilepsy and seizures
Post-traumatic stress disorder

The bill also took the responsibility of considering the addition or removal of conditions out of the hands of the Department of Health, placing it instead with the legislature.

SB 27

27 does not directly impact the marijuana industry. What it does do is amend the definition of a practitioner, and state that tetrahydrocannabinol derived from hemp must be derived either from industrial hemp, or be in a product approved by the U.S. FDA.

This bill contained an emergency clause, meaning it took effect immediately upon signing, rather than going into effect on July 1.

SB 134

134 revises the makeup of the MMOC. After several revisions, the committee will now comprise:

Two members of the Senate;
Two members of the House of Representatives;
One physician licensed in accordance with chapter 36-4;
One physician assistant licensed in accordance with chapter 36-4A;
One certified nurse practitioner licensed in accordance with chapter 36-9A;
One chief of police for a municipality having a population in excess of fifty thousand, or a representative of the police department designated by the chief;
One sheriff of a county or a representative of the sheriff’s office designated by the sheriff;
One professional counselor licensed in accordance with chapter 36-32 or one addiction counselor licensed in accordance with chapter 36-34; and
One qualifying patient.

SB 198

198 allows medical cannabis establishments to maintain certain cardholder data.

The bill allows cardholders to state in writing that an establishment is allowed to keep info including the cardholder’s name and other personally identifiable information for the purpose of communicating info about the cardholder’s medical needs or use of a specific product.

This bill also contained an emergency clause, and is now in effect.