Where do South Dakota’s 47 marijuana bills stand?

SIOUX FALLS, S.D. (KELO) — In the 2022 South Dakota legislative session, 47 bills dealing with the legalization, regulation and taxation of marijuana were introduced.

Of these 47 bills, 21 have failed, 10 are still in progress and 16 have been passed by the legislature, 6 of which have been signed into law.

One of the failed bills is SB 3, an act to provide for the adult use of recreational marijuana. This bill died in a House committee Monday morning, but rumors speculate it could be brought back to life on the House floor later in the week.

Bills passed by the legislature and signed by the Governor

HB 1056 – An Act to revise provisions related to medical cannabis data maintained
by the Department of Health.

This bill was signed into law by Governor Noem on February 17, 2022.
This bill clarified language surrounding data submitted by patients and caregivers within the medical cannabis program which is not open to the public.

SB 5 – An Act to revise acceptable conduct related to the medical use of
cannabis.

This bill was signed into law by Governor Noem on February 7, 2022.
This bill adds language to existing law, stating that no employer is required to allow the ingestion, possession, transfer display, or transportation of cannabis in any workplace or to allow any employee to work while under the influence of cannabis.

SB 9 – An Act to revise the definition of a designated caregiver.

This bill was signed into law by Governor Noem on February 14, 2022.
This bill simply makes a change of language, defining a designated caregiver as ‘an individual’ rather than ‘a person’.

SB 10 – An Act to revise provisions related to verifications required prior to
receiving medical cannabis.

This bill was signed into law by Governor Noem on February 23, 2022.
This bill tightened up existing language in the state law surrounding verification of identity for medical cardholders.

SB 13 – An Act to repeal provisions permitting certain documents to serve as
temporary registry identification cards for medical cannabis.

This bill was signed into law by Governor Noem on February 17, 2022.
This bill lengthens the amount of time before a patient can legally access medical marijuana by requiring that following approval for their medical card, that they wait to receive the physical card before having access to medical marijuana.

SB 18 – An Act to revise rulemaking authority related to medical cannabis.

This bill was signed into law by Governor Noem on February 17, 2022.
This bill resolved outdated language in the existing statute.

Bills passed by the legislature

HB 1097 – An Act to clarify conduct that is not required related to medical cannabis.

This bill states that government programs and private insurers are not required to reimburse a person for medical marijuana costs, property owners are not required to allow marijuana use, landlords are not required to allow cultivation, and state or local governments are not required to allow any of the above actions in government buildings.

SB 4 – An Act to revise provisions related to a written certification for the
medical use of cannabis.

This bill allows doctors to provide written certification for a medical card application without having to explicitly state that the certification is for marijuana.

SB 6 – An Act to revise provisions related to prohibited conduct by schools and
landlords related to medical cannabis.

This bill states that a cardholder may not be refused enrollment by a school or a lease by a landlord, or otherwise be penalized by a school or landlord solely for the person’s status as a cardholder.

SB 7 – An Act to revise provisions related to custody and visitation rights by
medical cannabis cardholders.

This bill states that people involved in custody disputes can not have their status as a cardholder alone used against them.

SB 12 – An Act to revise the annual report on medical cannabis by the Department
of Health to the Legislature.

This bill revises the data that the DOH shall provide yearly to the legislature about the medical cannabis program.

SB 14 – An Act to revise provisions related to the confidential list of medical
cannabis cardholders maintained by the Department of Health.

The bill shortened the existing language surrounding confidentiality in the medical cannabis program.

SB 15 – An Act to revise provisions providing that certain professions are not
subject to discipline for certain conduct relating to medical cannabis.

This bill provides protection against discrimination for those who provide services to those working in the cannabis industry.

SB 17 – An Act to revise provisions regarding cost reimbursement associated with
medical cannabis.

This bill is similar in function to HB 1097, discussed above.

SB 23 – An Act to revise the definition of bona fide practitioner-patient
relationship.

This bill provides further clarification as to what constitutes a ‘bona fide practitioner-patient relationship’.

SB 190 – An Act to revise provisions regarding municipal zoning of medical
cannabis establishments.

This bill deals with zoning of cannabis establishments in relation to how far they must be from sensitive areas such as schools and day cares,

Bills still in the legislature

HB 1134 – An Act to revise provisions related to medical cannabis for the protection of youth.

This bill attempts to add more regulation to where cannabis can be used under the justification of protecting children.

HB 1136 – An Act to revise oversight and reporting requirements concerning cannabis.

This bill attempts to add certain reporting requirements to the DOH report to the legislature on the medical cannabis program.

SB 19 – An Act to permit certain facilities to establish reasonable restrictions related to the
medical use of cannabis.

This bill seeks to allow certain facilities such as treatment centers to establish restrictions on the use of medical cannabis.

SB 21 – An Act to revise provisions related to the revocation of a medical cannabis registry
identification card.

This bill provides guidelines for how a person’s medical card may be revoked.

SB 24 – An Act to establish a maximum number of cannabis plants that may be cultivated by a medical cannabis cardholder.

This bill deals with the amount of plant that may be allowed for home cultivation. Currently, three flowering plants are allowed, though a doctor may prescribe more.

SB 25 – An Act to provide for the taxation of marijuana.

This bill seeks to lay out the structure for how marijuana sales will be taxed.

SB 26 – An Act to revise the definition of practitioner for purposes of the medical cannabis
program.

This bill seeks to expand the definition of ‘practitioner’ to include physician assistants and advanced practice registered nurses, as well as doctors.

SB 118 – An Act to establish provisions related to the testing of medical cannabis.

This bill seeks to provide more structure surrounding testing of medical cannabis.

SB 150 – An Act to establish provisions concerning the sale of adult-use retail marijuana.

Initially an act to allow for the sale of marijuana at retail locations such as gas stations, the bill has been retailored to include elements of SBs 16 and 20, both of which have previously been voted down.

SB 151 – An Act to revise the automatic removal of certain convictions from a background
check record.

This bill would seek the removal of certain marijuana related convictions from an individual’s record five years after the incident if conditions are met.

Failed bills

HB 1004 – An Act to prohibit cardholder cultivation of medical cannabis.

HB 1045 – An Act to provide for the use and regulated sale of marijuana, and to impose a tax
on the sale of marijuana, and to distribute that revenue to counties.

HB 1057 – An Act to prohibit the unauthorized transfer of cannabis and cannabis products by
a medical cannabis cardholder to another person.

HB 1058 – An Act to revise the available forms of medical cannabis products.

HB 1066 – An Act to prohibit the personal possession of a loaded firearm while under the
influence of marijuana or intoxicated.

HB 1088 – An Act to limit the delta-9 tetrahydrocannabinol concentration in medical cannabis
and cannabis products that may be dispensed.

HB 1094 – An Act to revise provisions related to medical cannabis for the protection of youth.

HB 1095 – An Act to allow a local government to prevent a medical cannabis establishment
from operating in its jurisdiction.

HB 1098 – An Act to revise requirements for involvement in the medical cannabis program.

HB 1135 – An Act to accommodate legislation related to medical cannabis.

HB 1157 – An Act to revise the penalty for the ingestion of certain controlled substances.

HB 1178 – An Act to establish provisions concerning the sale of adult-use retail marijuana.

HB 1280 – An Act to provide for an examination via telehealth for purposes of a bona fide
practitioner-patient relationship under the medical cannabis program.

HB 1314 – An Act to prohibit the personal possession of a loaded firearm while in possession
of cannabis or cannabis products and to provide a penalty therefore.

SB 3 – An Act to provide for the use and regulated sale of marijuana.

SB 8 – An Act to revise provisions concerning civil penalties imposed for violations related
to medical cannabis.

SB 11 – An Act to revise provisions regarding the medical marijuana oversight committee.

SB 16 – An Act to repeal provisions related to the prosecution, search, seizure, penalty, or
discipline of medical cannabis establishments for certain conduct.

SB 20 – An Act to revise the medical purpose defense related to the medical use of cannabis.

SB 116 – An Act to repeal a physician’s ability to prescribe the number of cannabis plants a
cardholder may cultivate.

SB 177 – An Act to revise provisions regarding medical cannabis.