South Dakota governor signs bills that add some medical cannabis restrictions

South Dakota Gov. Kristi Noem signed six medical marijuana and hemp bills into law, some of which make the MMJ program more restrictive.

In a news release issued Friday, the Republican governor – who has made clear her opposition to marijuana – said the measures are part of her focus to implement “a safe and responsible medical cannabis program.”

The six bills signed into law were:

• Senate Bill 24, which imposes a four-plant home cultivation cap, with two of the plants required to be only at the seedling stage. The original law had no home-grow limits. The Republican-controlled House of Representatives wanted to prohibit home cultivation entirely, according to the Sioux Falls Argus Leader, while Senate Republicans would have been comfortable with a six-plant cap.
• SB 19, enabling health-care facilities such as treatment centers and mental health centers to put in place restrictions so they’re not forced to store on behalf of or administer medical cannabis to cardholders.
• SB 21, which requires regulators to provide a written notice explaining why they revoked a medical marijuana ID card.
• SB 26, which added physicians assistants and nurse practitioners to the list of medical professionals eligible to recommend medical marijuana for patients.
• SB 118, requiring medical cannabis products to be tested in batches of 50 pounds or less.
• SB 201, allowing hemp manufacturers to temporarily exceed the 0.3% THC statutory limit during certain phases of CBD production.

South Dakota voters in 2020 passed separate referendums legalizing medical and recreational cannabis, but Noem backed a legal challenge to the recreational initiative.

The state Supreme Court later rejected the voter-approved measure on technical grounds, and a state House committee recently stymied legislative efforts to legalize adult use this year.