The South Dakota Medical Marijuana Subcommittee recommended to ban the home growth of medical cannabis on September 1. Significantly, this comes during a discussion on finalizing the rules set down in IM 26, the medical cannabis ballot measure approved by almost 70 percent of the South Dakota public. Furthermore, this has left voters and activists confused and angry about the changes. In IM 26, the measure calls for a three plant minimum for cardholders who have a registered ID card for home cultivation. In fact, there could be no home cultivation at all. 

​​“We’re not here to say no to marijuana. What we’re here doing is making sure it’s good [policy].” This is according to Representative Carl Perry, R. Notably, he is among a large majority of lawmakers who studied cannabis this past summer who support making major changes to South Dakota Law. Perry and other lawmakers hope to repeal legal protections for cannabis businesses and their attorneys. Additionally, Perry’s group wants to allow local governments to prohibit cannabis businesses from operating in their jurisdictions. 

Law Changes

The Medical Marijuana Subcommittee is one of two subcommittees that make up the Marijuana Study Committee. This committee has eight senators and 16 representatives with the main goal of studying cannabis and finalizing rules for the state based on IM 26. Furthermore, the other subcommittee is the Adult-Use Marijuana Subcommittee, which is researching the benefits of recreational cannabis for adults 21 and over as well as the state overall.

One of South Dakota’s neighboring states, Colorado, which legalized both medical and recreational cannabis, offered help to South Dakota as they began to write their rules. For example, Colorado officials are the ones who recommended not allowing home growth of medical cannabis. According to Adult-Use Marijuana Subcommittee member, Representative Rhonda Milstead, R, “Why are we not listening to the experience?”

Activist Response

Some lawmakers, like Representative Perry, believe voters weren’t sure what they were voting for back in November. Now, lawmakers like him hope to remove home growth from the medical cannabis rules for the state. Lobbyist Jeremiah Murphy spoke with the Medical Marijuana Subcommittee about the need for home growth for patients. Additionally, Murphy responded to Perry and other’s claims. Voters absolutely understood the home growth measures. “We one hundred percent would oppose the elimination of home grown,” Murphy said. 

The recommendation to ban home growth now moves to the full Marijuana Study Committee for a vote. Currently, the South Dakota Supreme Court is discussing the other cannabis measure approved by voters on recreational cannabis, called Amendment A. The court date held back in April has yet to receive a response. For this reason, no response is expected until later this year. As more information becomes available, we will update you with the latest. 

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