Several lawmakers in South Dakota are aiming to repeal the state’s medical marijuana laws – and it could happen soon. Even if the bill fails, another in the pipeline would complicate access.
Introduced last week, H.B. 1101 would wipe out the program in one fell swoop.
“The bill to fully repeal the Medical Cannabis program has been filed. HB1101 is the bill that would cancel the vote of over 290,000 SD Voters and return patients to being criminals. This has devasting [sic] implications,” said New Approach South Dakota. “We have to organize and we have to fight because SD patients cannot lose access because of one man’s personal vendetta again cannabis.”
The “one man” they are referring to is Representative Travis Ismay; who is the primary sponsor of the bill. But there are also 4 co-sponsors; all Republicans.
If HB 1101 was to pass, dispensaries could be closed and patients lose their access as early as July 1 this year.
But HB1101 isn’t the only threat to the state’s program. Also recently tabled was HB1055, which would require two physicians to sign off on a medical cannabis certification, even if the patient’s primary physician certifies. Aside from the inconvenience having a chilling effect, it would effectively double the costs of certification for patients.
NAACP Sioux Falls branch commented:
“Medical marijuana laws have provided South Dakotans with access to critical treatments for chronic pain, epilepsy, PTSD, and other debilitating conditions. Modifying or repealing these laws would disproportionately impact vulnerable people and communities, especially those historically marginalized within our healthcare system.”
In November 2020, ballot Measure 26, which sought to establish a medical marijuana program in the state was approved by voters; with 69.92% voting in favour. Even though South Dakotans had spoken, Governor Kristi Noem – who had demonstrated significant opposition to medical cannabis – tried to delay signing it into law. The governor finally did so in July 2021.
As at January 8 this year, 11,497 patient ID cards had been approved and there were 303 approved certifying practitioners in the state.
As well as access to dispensaries, applicants can also apply to cultivate no more than two flowering cannabis plants and two non-flowering plants in their home – that would also end under the actions of HB1101.
Further information on the state’s medical cannabis program as it currently stands can be found here.
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