HB 1065 South Dakota House · 2026 Regular Session

revise the medical purpose affirmative defense in cannabis prosecution.

HB 1065 would require individuals facing cannabis-related charges to possess a registry identification card to use a legal defense claiming they are permitted to possess cannabis. Currently, South Dakota law does not mandate this card for such defenses, but the bill would amend § 34-20G-53 to make it a requirement. This change would directly affect people charged with cannabis offenses who attempt to rely on this specific defense in court. The bill creates a new condition for accessing this defense, requiring the card as a prerequisite for its use.

Issues: ✗ Criminal Justice

Bill status passed 4 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Mar 2026

Governor

Introduced Feb 18, 2026 Last action Mar 2, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → House Engrossed · 3 edits · Feb 17, 2026

MINOR

This bill revises the medical cannabis affirmative defense in South Dakota to remove the requirement that defendants must possess a registry identification card to raise a legal defense. The changes expand eligibility by allowing certain patients and caregivers to assert the defense without registration, while maintaining possession limits and cultivation requirements.

Scope change

The bill expands the scope of who can raise the medical cannabis defense by removing the mandatory registry card requirement for specific qualifying individuals.

ELIGIBILITY

Removed the requirement that a person must possess a registry identification card to assert the medical purpose affirmative defense in cannabis prosecution cases.

Added provisions allowing qualifying patients and designated caregivers to raise the defense even without a registry card, provided they meet other statutory requirements.

REQUIREMENT

Repealed Section 34-20G-53 which previously required possession of a registry identification card to raise the affirmative defense.

Floor votes · House Feb 17, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 2, 2026

Upper · Passed

Health and Human Services Deferred to the 41st legislative day , Passed, YEAS 4, NAYS 3 S.J. 23

upper

Mar 2, 2026

Introduced

Health and Human Services Motion to amend , Passed, S.J. 23 Amendment 1065D

upper

Feb 18, 2026

Introduced

First read in Senate and referred to Senate Health and Human Services S.J. 296

upper

Feb 17, 2026

Lower · Passed

House of Representatives Do Pass Amended , Passed, YEAS 53, NAYS 13 H.J. 339

lower

Feb 17, 2026

Introduced

House of Representatives Motion to amend , Passed, YEAS 35, NAYS 31 H.J. 338 Amendment 1065C

lower

Feb 17, 2026

House · Passed

House Vote: pass (53-13-4)

house

Feb 12, 2026

Lower · Passed

Health and Human Services Do Pass , Passed, YEAS 8, NAYS 3 H.J. 17

lower

Jan 22, 2026

Committee

Referred to House Health and Human Services H.J. 113

lower

10 primary · 0 co-sponsors