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SD HB1065
Bill
Status
2/17/2026
Primary Sponsor
Travis Ismay
Click for details
AI Summary
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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
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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
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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
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Repeals § 34-20G-53, which explicitly stated that a registry identification card was not required to raise the medical purpose affirmative defense
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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