Lawmakers are pushing efforts to remove provisions from the state’s voter-approved medical cannabis law that allow qualified patients to grow cannabis at home for personal use. Almost 70 percent of voters opted for the voting measure (measure 26) last November.

Republican governor Kristi Noem fought against the measure in the months leading up to the election. In February the House of Representatives voted to delay the implementation of the law; However, those efforts failed when the House and Senate legislators failed to agree on conflicting provisions in the bill. This month, lawmakers participating in a study committee recommended that lawmakers formally repeal the wording of the law allowing patients to grow up to three marijuana plants. A majority of House and Senate lawmakers would have to approve these recommendations before they could take effect.

The law requires state regulators to begin issuing ID cards to qualified patients by May 15, 2022.

Voters are still awaiting the fate of a separate voter-initiated vote, Amendment A, aimed at legalizing adult personal possession and retail sales of marijuana. 54 percent of South Dakota voters voted for the measure on election day. However, Governor Noem backed a lawsuit to repeal the law as unconstitutional.

In February, Judge Christina Klinger of the state’s sixth judicial district decided to appeal, saying the measure violated state guidelines that electoral measures should not include more than one issue. State Supreme Court justices appealed in April but have yet to make a decision that upholds or overturns the lower court ruling.

Additional information on the South Dakota Medical Cannabis Program is available from the South Dakota Department of Health.

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