FOR AN ACT ENTITLED, An Act to provide for an affirmative defense of medical necessity for certain marijauna offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. It is an affirmative defense to the charge of possession of two ounces or less of marijuana under § 22-42-6 or the charge of ingesting marijuana for purpose of becoming intoxicated under § 22-42-15 if the defendant proves by a preponderance of the evidence, that the defendant has a medical necessity to possess or use marijuana. The court may consider expert testimony, the testimony of lay persons with similar medical conditions, any recommendation by a competent medical authority, and any other relevant testimony to determine whether a defendant has a medical necessity.
    Section 2. For purposes of this Act, a medical necessity is:

            (1)    Any medical condition recognized by a competent medical authority as a condition for which marijuana is palliative; or

            (2)    Any medical condition that a competent medical authority has recommended that the defendant use marijuana for palliative care.

---

170 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.093 per page.

.

Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by overstrikes.

---