Legal Medical Marijuana for South Dakota?

On November 2, the legalization of medical marijuana will be on the ballot papers in South Dakota; Rushmore state rejected the idea in 2006 but there have been changes to the proposals since then.

Proposed Medical Marijuana Laws for South Dakota (Initiated Measure 13)

The proposed initiated measure would change state law to legalize marijuana possession, use, distribution and cultivation by persons registered with the South Dakota Department of Heath. These activities remain illegal under federal law.

• Registration to use, possess and cultivate marijuana would require a certification from a physician that the registrant has a debilitating medical condition and that the potential benefits of the marijuana use would likely outweigh the health risks
  
• Minors may be registered with parental consent
  
• Patients will be allowed to cultivate up to 6 plants
  
• Patients may, alternatively, designate another person to cultivate, possess, and distribute marijuana for their use
  
• The designated grower must register with the Department and may provide only a limited amount of marijuana for a maximum of five registrants
  
• Schools, employers and landlords may not refuse to enroll, employ, or lease based upon marijuana registration unless required by federal law
  
• The proposed law does not require that a registrant be allowed to use marijuana in a workplace or on property owned by another
  
• Patients and/or their caregivers would be allowed to possess up to 6 plants and 1 ounce of marijuana at a time
  

Qualifying Medical Conditions

• Cancer
  
• Glaucoma
  
• Positive status for human immunodeficiency virus
  
• Acquired immune deficiency syndrome
  
• Amyotrophic lateral sclerosis
  
• Alzheimer’s disease
  

A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

• Cachexia or wasting syndrome
  
• Intractable pain, which is severe, debilitating pain that did not respond to other reasonable medical efforts for at least six months, including in cases where other treatment options produced serious side effects
  
• Severe nausea
  
• Seizures, including epileptic seizures
  
• Severe or persistent muscle spasms, including spasms caused by spinal injury, multiple sclerosis, or Crohn’s disease
  

Any other serious medical condition or treatment for a medical condition adopted by the department pursuant to rules issued under section 26

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