Proposed legislation that would have repealed South Dakota’s medical cannabis access program has been defeated – but only just.
South Dakota’s medical cannabis program was established after voter approval (70%) of Measure 26 in November 2020. However, medical marijuana didn’t become legal in South Dakota until July 1, 2021 due to Governor Kristi Noem’s various attempts to delay signing it into law until July the following year. The Governor defended her actions stating that she supported medical marijuana; even though her words and actions indicated otherwise.
Nearly four years on and the program currently serves more than 11,000 registered patients in the state and there are 303 approved practitioners certifying patients for the program, along with 65 dispensaries to serve patients. There are also dozens of cultivators and manufacturers operating in South Dakota. But the number of registered patients has been dropping in the past year. Back in February 2024, there were more than 13,000.
South Dakota uses a “rolling limit” that allows for the purchase of three ounces of flower over a 14-day period. Qualifying conditions for the program include but are not limited to cancer, chronic pain, epilepsy, MS, and terminal illness.
Regardless of the will of voters in the state, there have been moves since Governor Noem’s signing by some lawmakers to repeal it. Republican Travis Ismay’s HB 1101 would have wiped out the program as soon as July 1 this year.
But House members on the Health and Human Services Committee voted to table the legislation by a vote of 7 to 6; effectively killing it for this year.
NORML welcomed the news.
“In a healthy democracy, those with competing visions on public policy vie for voters’ support and abide by their voting decisions,” said Deputy Director Paul Armentano. “However, it is becoming clear that those who oppose marijuana policy reform would rather take voters out of the equation altogether.”
While recognising the victory, Mr. Armentano warned of increasingly aggressive efforts to set aside voter-approved marijuana legalization laws, noting similar bills in the pipeline in Ohio, Montana, Nebraska, and elsewhere.
More information on South Dakota’s medical cannabis program can be found here.
