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SD HB1065

Bill

Status

Engrossed

2/17/2026

Primary Sponsor

Travis Ismay

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • Removes the broad medical purpose affirmative defense that previously allowed any person with a practitioner's recommendation to defend against cannabis prosecution without formal registration

  • Requires defendants to have been registered with the department as a cardholder, nonresident cardholder, or designated caregiver at the time of the alleged offense to claim the medical defense

  • Eliminates previous allowances for unregistered possession of up to 3 ounces of cannabis, cannabis products, and cultivation of up to 4 plants under the affirmative defense

  • Repeals § 34-20G-53, which explicitly stated that a registry identification card was not required to raise the medical purpose affirmative defense

  • Narrows the defense to only apply when the conduct underlying the offense complied with the medical cannabis chapter requirements

Legislative Description

Revise the medical purpose affirmative defense in cannabis prosecution.

Public Health and Safety

Last Action

Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 4, NAYS 3. S.J. 23

3/2/2026

Committee Referrals

Health and Human Services2/18/2026
Health and Human Services1/22/2026

Full Bill Text

No bill text available