South Dakota Medical Marijuana Defense Bill Killed

(StopTheDrugWar) A bill that would have allowed South Dakotans charged with misdemeanor marijuana possession to mount a medical necessity defense was defeated Tuesday in the state legislature. The bill died on a 7-6 vote in the Health and Human Services Committee.

More accurately, it was “deferred to the 41st day” of the legislative session. The session only has 40 days.

The bill, House Bill 1227, would have allowed people caught with less than two ounces of marijuana to mount a medical necessity defense against either a pot possession charge or the state’s unique ingestion for the purposes of intoxication charge. It provided for such a defense to be mounted if “a competent medical authority” has recommended its palliative use or if its use is known to be palliative for a given condition.

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South Dakota Bill Seeks Medical Defense For Marijuana Charge

(CC) Two South Dakota lawmakers with roots in law enforcement said Thursday that people charged with possessing small amounts of marijuana should be able to defend themselves in court by arguing they need if for medical reasons.

Rep. Dan Kaiser, R-Aberdeen, a police officer, and Sen. Craig Tieszen, R-Rapid City, a retired police chief, told a South Dakota House committee that their bill would not legalize marijuana or set up a system where people could get it for medical purposes. But they said people suffering or dying from cancer or debilitating diseases should be able to use medical necessity as a defense if they are arrested for possessing two ounces or less of marijuana.

“We’re just giving the person dying of a crippling disease the opportunity, if the judge allows them, to offer a defense,” Kaiser said.

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