South Dakota State News

June 30, 2021

PIERRE, SD – Today, Governor Kristi Noem praised the South Dakota Department of Public Safety executive for the implementation of the new medical cannabis law passed by voters in IM-26, which will come into effect on 1 July. The framework will be used by South Dakota. Highway Patrol will issue law enforcement guidelines to all personnel interacting with the public after July 1. You can read the frame here.

“As my team continues to implement the medical cannabis program as quickly and responsibly as possible, we realize there are still questions about how this will work for law enforcement, as well. only for the citizens they protect and serve, “said Governor Kristi Noem. “This framework will help answer questions law enforcement officers may have. And for people who are in pain and hoping for relief, it will answer some of their implementation questions for them as well. “

The South Dakota Highway Patrol will issue guidance to its personnel under the framework, effective July 1. The framework covers questions relating to the most common situations that residents of South Dakota hoping to gain access to medical cannabis are likely to encounter after MI 26 comes into effect:

1. “What if I don’t have a medical cannabis card?” ” REPLY: Highway Patrol personnel will not arrest a South Dakota resident who is unable to present an unexpired medical cannabis card at the scene of a stop or interaction, as long as each of the following applies. :

• The individual does not possess more than three ounces of natural, unmodified marijuana, as defined by SDCL 22-42-1;
• The individual claims at the time of the interaction that the medical cannabis is intended to treat or alleviate a debilitating medical condition as defined by the Department of Health;
• The individual produces printed or electronic documentation relating to the debilitating medical condition of a licensed physician.

2. “What if I have a non-resident card? ” REPLY: Highway Patrol personnel will not arrest non-resident cardholders for possession of cannabis, or seize cannabis or any associated paraphernalia, if the following conditions apply:

• The cardholder presents an unexpired medical cannabis card issued by another state; and
• He or she does not possess more than three ounces of natural, unmodified cannabis, as defined by SDCL 22-42-1;

3. “What if I have a tribal card?” ” REPLY: The non-resident card provision applies in this case, as long as the card holder is a registered tribal member and presents an unexpired medical cannabis card issued by the resident’s tribe.

Nothing in the framework, or in the future guidelines of the Highway Patrol, will prevent or remove the priority of the enforcement of South Dakota’s laws on impaired driving, drug possession or drug trafficking. after July 1. policies and procedures, nor is it intended to act as a substitute for the judgment and discretion of law enforcement in the field after July 1.

For more information on South Dakota’s medical cannabis program, visit MedCannabis.SD.gov.