South Dakota Governor Signs Medical Cannabis Bills
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South Dakota Governor Signs Medical Cannabis Bills

One of the five measures signed into law places a cap on the number of plants that patients can grow at home.

March 21, 2022

South Dakota Gov. Kristi Noem signed five medical cannabis bills into law March 18 to create what she calls a “safe and responsible” medical cannabis program that is focused on patients, according to the Associated Press.

South Dakota voters approved ballot measures in 2020 to legalize both medical and adult-use cannabis in the state, although the South Dakota Supreme Court overturned the adult-use law last fall.

Noem fought this year for several changes to the state’s medical cannabis program, AP reported, and home grow provisions have been a particularly hot topic for the Legislature.

RELATED: South Dakota Lawmakers Divided on Allowing Home Cultivation in Medical Cannabis Program

The state’s voter-approved medical cannabis law placed no maximum cap on the number of plants patients could grow at home, but after some debate, lawmakers passed Senate Bill 24, compromise legislation that limits patients to four plants—two mature and two immature.

In addition to S.B. 24, Noem signed S.B. 19, legislation to allow nursing homes, treatment centers and mental health facilities to place restrictions on medical cannabis use, according to an Argus Leader report.

Also signed into law last week was S.B. 21, which requires the South Dakota Department of Health to provide written notice when revoking a medical cannabis ID card. Previously, ID cards could be revoked with no obligation to explain why, the Argus Leader reported.

Noem also signed S.B. 26 to allow physician assistants and advanced nurse practitioners to recommend medical cannabis to patients, as well as S.B. 118 to clarify that medical cannabis products must be tested in batches of no more than 50 pounds, according to the news outlet.

In addition to the bills relating to medical cannabis, Noem signed S.B. 201 to modify South Dakota’s industrial hemp law, the Argus Leader reported. The legislation allows the health secretary to waive fingerprinting requirements for certain hemp growers, and allows hemp producers and manufacturers to temporarily exceed the 0.3% THC limit during certain phases of CBD production.

The South Dakota Legislature tried to restore the will of its constituents with an adult-use legalization bill this year, although that legislation stalled in the House earlier this month.