South Dakota governor signs bills that add some medical cannabis restrictions

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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.

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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.