South Dakota: Lawmakers Finalize Legislation Protecting Patients’ Home Cultivation Rights

South Dakota marijuana laws

Lawmakers have advanced legislation to the Governor’s desk protecting patients’ abilities to home cultivate limited amounts of medical cannabis.

As amended, Senate Bill 24 allows qualified patients to home cultivate a total of four marijuana plants (two mature, two immature).

NORML’s State Policies Manager Jax James said: “Permitting limited home cultivation provides patients with the ability to have reliable, affordable, and consistent access to the medicine they rely on. Lawmakers were wise to think twice before taking these rights away.”

Voters in November 2020 overwhelmingly decided in favor of a ballot Measure (Measure 26) permitting qualified patients to possess, grow, and purchase medical cannabis. However, House lawmakers have since made several attempts to strip away patients’ ability to home cultivate cannabis. In January, House lawmakers advanced legislation (HB 1004) to the Senate prohibiting home grows. That legislation was defeated by Senators in Committee.

Senate lawmakers later passed their own bill (SB 24) explicitly permitting patients to home cultivate a total of six plants (three mature, three immature). However, House lawmakers amended this language to once again prohibit patients home cultivation rights. The bill then went to conference committee, where House and Senate leaders compromised on the new four plant limit.

The bill now goes to Republican Gov. Kristi Noem, who publicly opposed Measure 26.