repeal medical purpose as a defense in prosecutions involving cannabis.
HB 1123 removes the ability to use a medical purpose as a legal defense in prosecutions related to cannabis possession or use in South Dakota. This change directly affects individuals who have been charged with cannabis-related offenses and previously might have argued they were using the substance for medical reasons. The bill eliminates the specific legal provision that allowed such a defense, meaning medical necessity will no longer be considered a valid justification in court. As a result, prosecutors will no longer need to prove that a defendant's cannabis use was not for medical purposes, and defendants cannot raise medical need as a shield against charges.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
House Passage
Feb 2025
Senate Passage
Governor
Introduced Jan 29, 2025
Last action Feb 12, 2025
Floor votes
How they voted
This bill passed the House. No roll call record of that vote is available.
Full legislative history
Actions timeline
Total actions
3
Key actions
1
Committee
0
Feb 12, 2025
Lower · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 8, NAYS 4
lower
Jan 29, 2025
Introduced
First read in House and referred to H.J. 144
lower
8 primary · 0 co-sponsors
Sponsors
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