HB 1065 — revise the medical purpose affirmative defense in cannabis prosecution.

26.529.926.529.10 101st Legislative Session 1065 South Dakota Legislature House Bill 1065 HOUSE ENGROSSED Introduced by:

Representative Ismay An Act to requirerevise the possessionmedical ofpurpose a registry identification card to raise an affirmative defense in cannabis prosecution.

BEB E IT ENACTED BY THE LLEGISLATURE EGISLATURE OF THE S TATE OF SOUTHS OUTH D AKOTA :

That § 34-20G-5334-20G-51 be AMENDED:

34-20G-53.34-20G-51.

Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that:

(1) A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person;

(2) The person was in possession of no more than three ounces of cannabis, the amount of cannabis products allowed by department rules, two flowering cannabis plants, two cannabis plants that are not flowering, and the cannabis produced by those plants;

(3) The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition;

and (4) Any cultivation of cannabis and storage of more than three ounces of cannabis occurred in a secure location that only the person asserting the defense could access (1) If the person is a:

Overstrikes indicate deleted language.

26.529.10 2 1065 (a) Qualifying patient, the person was registered with the department as a cardholder or nonresident cardholder at the time of the alleged offense;

or (b) Designated caregiver, the person was registered with the department as a designated caregiver at the time of the alleged offense;

and (2) The conduct underlying the alleged offense complied with this chapter.

Section 2.

That § 34-20G-53 be REPEALED.

Underscores indicate new language.