South Dakota legislation · 101st Legislature (2026)
South Dakota HB1065: revise the medical purpose affirmative defense in cannabis prosecution.
Status: Failed, March 2, 2026
What the bill says
An Act to revise the medical purpose affirmative defense in cannabis prosecution.
From the engrossed text, February 17, 2026:
An Act to revise the medical purpose affirmative defense in cannabis prosecution. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 34-20G-51 be AMENDED: 34-20G-51. Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that: [DELETED: (1) A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person;] [DELETED: (2) The person was in possession of no more than three ounces of cannabis, the amount of cannabis products allowed by department rules, two flowering cannabis plants, two cannabis plants that are not flowering, and the cannabis produced by those plants;] [DELETED: (3) The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition; and] …
Sponsors
- Travis Ismay (R, HD-028) · primary sponsor
- Bobbi Andera (R, HD-010)
- Josephine Garcia (R, HD-005)
- Jana Hunt (R, HD-028)
- Kevin Jensen (R, SD-016)
- Phil Jensen (R, 33)
- Dylan Jordan (R, HD-004)
- Carl Perry (R, 03)
- Kathy Rice (R, HD-029)
- Brandei Schaefbauer (R, HD-003)
Latest actions
- : Deferred to the 41st legislative day
- : Motion to amend
- : Scheduled for hearing
- : First read in Senate and referred to Health and Human Services
- : Do Pass Amended
- : Motion to amend
- : Do Pass
- : Scheduled for hearing
- : Referred to Health and Human Services
- : First Reading House
Votes
- Deferred to the 41st legislative day (March 2, 2026): 4 yea, 3 nay, passed
- Do Pass (February 12, 2026): 8 yea, 3 nay, passed
- Do Pass Amended (January 23, 2026): 53 yea, 13 nay, passed
- Motion to amend (January 20, 2026): 35 yea, 31 nay, passed
Subjects: Medical Cannabis, Public Health and Safety
Common questions
- What is HB1065?
- HB1065 is a bill in the South Dakota Legislature (101st Legislature (2026)): revise the medical purpose affirmative defense in cannabis prosecution.
- What does HB1065 do?
- In its own words: An Act to revise the medical purpose affirmative defense in cannabis prosecution.
- What is the status of HB1065?
- Failed as of March 2, 2026. Latest action: Deferred to the 41st legislative day (March 2, 2026).
- Who sponsored HB1065?
- Travis Ismay (R, HD-028), with 9 co-sponsors.
- Where is the official record for HB1065?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26828
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.