Two bills introduced in the South Dakota House of Representatives looked to limit medical cannabis across the state. This comes one year after lawmakers tried to stall and change the implementation of IM 26. This ballot measure legalized medical cannabis during the 2020 general election with 70 percent support from voters. Lawmakers have since spent time looking at IM 26 and filing bills to make changes to the South Dakota medical cannabis program. 

Two such bills filed were HB 1094 and HB 1095. These would limit the locations patients could consume medical cannabis as well as allow local governments to ban the sale of medical cannabis. 

HB 1094 Details

This first bill, HB 1094, comes from Representative Rhonda Milstead, R. Her bill would provide provisions to limit medical cannabis consumption to protect children. Ideally, the ban on places where medical cannabis could be consumed would expand to schools. Patients couldn’t possess, smoke, or otherwise consume medical cannabis within 1,000 feet of a school. 

In order for this bill to pass the House, it needed at least 36 votes in favor of the bill. Lawmakers ended debate over HB 1094 dead even at 32-32. Since there weren’t enough votes to pass the bill to the Senate, it effectively died in the House. It’s now no longer up for consideration. If lawmakers wish to discuss this topic again, it will have to be introduced as a new bill during the next regular session, or special session if one is called for. 

HB 1095 Details

The other bill, HB 1095, is also sponsored by Representative Milstead. It would allow local governments, such as towns and municipalities, to ban medical cannabis retailers. Other states have seen counties and towns vote to ban medical and recreational cannabis retailers from opening. HB 1095 looked to give local governments that ability. This could severely limit the number of counties medical cannabis stores could open, which could further limit access for patients. 

“We talk about the will of the people, but not every county voted for medical marijuana,” said Representative Milstead. However, of the 66 counties in South Dakota, 63 voted in favor of medical cannabis. Douglas, Haakon, and Harding counties were the only ones who didn’t approve of medical cannabis. To allow local governments to potentially ban medical cannabis, against their voters wishes, is not something some lawmakers wanted to move forward with. 

Again, HB 1095 needed at least 36 votes to pass the bill on to the Senate for their discussion and debate. The final House vote sat at 31-33 against the bill. This also led HB 1095 to fail in the House and no longer be considered for a bill. 

Praise for Lawmakers

The South Dakota Democrats tweeted about the ruling of HB 1095, congratulating South Dakota House members for keeping medical cannabis accessible across the state. “Our Democratic Representatives stood with the voters to make sure Medical Marijuana is accessible to everyone,” they cheered. 

Allowing patients to have access to medical cannabis across the state created greater accessibility to those who need it. 

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