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:
     Section 1.  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.
     Section 2.  A medical necessity defense pursuant to this Act may, at the discretion of the accused, include:

             (1)    Expert testimony;

             (2)    A recommendation by a competent medical authority; and

             (3)    Testimony by other persons with a similar medical condition.