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Laws Move at a Lightning Pace in South Dakota: The Senate Committee Passes 3 Out of 4 Cannabis Bills

South Dakota marijuana legislation cannabis weed law

In the dynamic world of South Dakota’s legislative session in 2024, we find ourselves at the crossroads of potential change for the citizen-passed medical cannabis law. Recently, the Senate Health and Human Services Committee made significant strides, approving three bills that could reshape the state’s medical marijuana landscape.

Unveiling Senate Actions: The Status of the 4 Bills

SB10 – Requires that a notification of medical cannabis certification be provided to a patient’s primary or referring practitioner. (Passes Committee)

Unanimously passing with a vote of 5 to 0, SB10 proposes a crucial mandate: notifying a patient’s primary care physician when a medical marijuana card is issued. Sponsored by Republican Sen. Erin Tobin, this bill aims to establish a standardized level of patient care.

SB11 – Prohibits a practitioner from referring a patient to a medical cannabis clinic with which the practitioner or an immediate family member has a financial relationship and to provide a penalty therefor. (Passes Committee)

Sen. Tobin, not stopping at SB10, also sponsors SB11. This bill draws inspiration from Medicare and Medicaid policies, preventing providers from self-referring. The rationale is to avoid conflicts of interest within the medical marijuana framework.

SB71 – Remove a prohibition on the ability of law enforcement and various governmental entities to inspect, search, seize, prosecute, or impose disciplinary action on cannabis dispensaries, cultivation facilities, manufacturing facilities, and testing facilities. (Passes Committee)

Despite facing opposition from industry lobbyists, including the South Dakota Cannabis Association and Genesis Farms, SB71 passed with a 4 to 1 vote. This bill introduces local law enforcement and government participation in the oversight of medical marijuana facilities.

SB82- Only primary care providers can issue medical marijuana cards in South Dakota (Read)

Yesterday, South Dakota’s SB 82, a bill proposing significant restrictions on the medical marijuana program, was read but not passed. The legislation aims to require medical cannabis certifications exclusively through a patient’s primary care doctor, potentially impacting a significant percentage of current cardholders. The community is now awaiting the outcome of SB 82, along with three other bills, to see whether they will go into law this session.

Why Opposition to SB 82 is Still Crucial

Opposition to SB 82 remains crucial as the bill, not passing yesterday, poses a threat to the accessibility of South Dakota’s medical marijuana program. The proposed restrictions, requiring certifications only through a primary care doctor, may limit patient access and disproportionately affect veterans receiving care from the VA due to federal cannabis illegality. Advocacy against SB 82 is essential to preserve the intent of the legalized medical cannabis program and ensure that patients can continue to access the care they need. Reach out to your state representatives by both calling and emailing them, urging them to vote against SB 82 and emphasizing the need to oppose this restrictive legislation. Ensure your voice is heard in efforts to uphold the accessibility and integrity of the medical marijuana program in South Dakota.

6 Reasons to Oppose SB 82

1) It is estimated that 80-90% of current cardholders will be impacted by SB 82

2) Most of the state’s doctors are not authorized to see cannabis patients.

3) Many patients don’t have a primary care doctor.

4) Most health institutions have policies against treating patients with marijuana.

5) Since cannabis is not legal at the federal level, how will veterans receive their medical marijuana cards if their primary care physician is through the VA.

6) This bill will at minimum double a patient’s financial expense, time, and cost.

7) Would benefit neighboring Minnesota and black-market sellers. 

South Dakota Senate Bill SB 82

What South Dakota Citizens and Marijuana Card Holders Can Do to Oppose SB 82!

It is crucial to take immediate action by expressing your concerns to prevent the passage of SB 82. Reach out to your state representatives by both calling and emailing them, urging them to vote against SB 82 and emphasizing the need to oppose this restrictive legislation. Find your legislator’s contact information here. If you are unsure about your legislator in your district, you can easily look them up here. Your active participation is vital in safeguarding the accessibility and integrity of South Dakota’s medical marijuana program.

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