Printer FriendlyHB 1128 allow a medical necessity to be used as a defense in certain c...
State of South Dakota
Representatives Lange, Iron Cloud III, Thompson, and Vanderlinde
FOR AN ACT ENTITLED, An Act to
allow a medical necessity to be used as a defense in
certain cases involving the possession or use of marijuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Any person arrested or prosecuted for the possession or use of marijuana may
submit as a defense, a medical necessity, if:
(1) The person has a medical condition recognized by a competent medical authority as
a condition for which marijuana is a palliative; or
(2) The person has a recommendation by a competent medical authority for the use of
marijuana for a medical condition.
A medical necessity defense pursuant to this Act may, at the discretion of the
(1) Expert testimony;
(2) A recommendation by a competent medical authority; and
(3) Testimony by other persons with a similar medical condition.