South Dakota Subcommittee Recommends Banning Home Cultivation in State’s Forthcoming Medical Cannabis Program
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South Dakota Subcommittee Recommends Banning Home Cultivation in State’s Forthcoming Medical Cannabis Program

Initiated Measure 26, which voters approved in the November 2020 election, included language to allow registered patients to grow a minimum of three plants at home.

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September 2, 2021

A panel of South Dakota lawmakers recommended Sept. 1 that the state Legislature should prohibit patients from growing medical cannabis at home.

Initiated Measure 26, which voters approved in the November 2020 election to legalize medical cannabis in the state, included language to allow registered patients to grow a minimum of three plants at home, according to a KELO report.

However, the South Dakota Legislature’s Medical Marijuana Subcommittee voted 6-4 to recommend a ban on home cultivation, the news outlet reported. Now, the issue will go before the full Marijuana Study Committee, which is made up of eight senators and 16 representatives.

Any changes to Initiated Measure 26 that are ultimately approved by the committee will also need passed by the state Legislature, which has largely resisted making changes to the voter-approved initiative, according to an Argus Leader report.

“I don't think they have the votes to get anything like that done in the long run," Sen. Mike Rohl (R-Aberdeen) told the news outlet.

In the meantime, the South Dakota Department of Health faces a Sept. 6 deadline to send its proposed medical cannabis regulations to the Legislative Research Council, KELO reported. The Legislature’s Rules Review Committee then has until Sept. 13 to approve the rules.

The Department of Health must have a process in place for issuing medical cannabis cards to patients and caregivers by Oct. 29, according to KELO.

Meanwhile, the South Dakota Supreme Court is still considering the constitutionality of Amendment A, the state’s voter-approved adult-use cannabis legalization initiative, after a circuit judge struck down the measure in February.