PIERRE, S.D. (SDBA) — The speeding legislative train to change medical marijuana laws in the state ended up on a siding, slowing the change process down this morning (Wednesday).
The Senate Health and Human Services Committee killed two of the three medical marijuana bills on its agenda and amended the other.
The committee killed SB82, which would have required that a patient have a relationship with a medical practitioner to obtain a medical marijuana card.
The sponsor, Republican Sen. Mike Mehlhaff from Pierre, said a healthcare provider familiar with the patient’s medical history should be the primary person to approve them for a medical marijuana card.
“The people voted that the patient should have a relationship with their doctor,” Mehlhaff said.
The lobbyist for the South Dakota Medical Association, Justin Bell, said the group said popup clinics have been a concern. “The potential for abuse is less likely (with this bill),” Bell testified.
Opponent Charles Foley, a former Marine from Rapid City, said medical marijuana in South Dakota was “being systematically dismantled.”
Republican Sen. Tim Reed from Brookings wanted to know from Mehlhaff if there were any statistics or evidence of approving people for cards who should qualify.
Mehlhaff said no but offered an anecdote of an 18-year-old woman who got a card. Mehlhaff said the doctor did “zero due diligence.”
The vote to send SB82 to the 41st day was 5 to 2.
The committee also killed HB1036, which would have required medical cannabis dispensaries to post a notice that being a medical marijuana cardholder can make it illegal to buy or own a firearm under federal law.
Sponsor Republican Rep. Kevin Jensen from Canton said posting a notice was a “consumer protection” issue, did not prevent anyone from getting a card, and the signage didn’t need to be fancy.
Opponents and some committee members said that not every law is posted and that the penalty provisions of the bill–$250 per day–were punitive.
Republican Sen. Michael Rohl from Aberdeen, a bar owner, said the bill was anti-business. He said the only sign he had to post in his bar was about video lottery odds.
There were also concerns about the $250 per day penalty. Jensen said he thought the Department of Health would tell the non-compliant dispensary to print the sign.
However, Jeremiah Murphy, a lobbyist for the South Dakota Cannabis Association, disagreed.
“No, the Department of Health shall enforce it,” Murphy testified. Since the bill could mean a dispensary with a sign at the door and two at points of sale, would that be a $250-a-day fine or a $750-a-day fine?
On a 4 to 3 vote, the committee sent HB 1036 to the 41st legislative day.
Only HB1024 chugged through the committee’s gauntlet but was amended to make the notice of the federal restriction of firearm ownership a checkbox rather than a signature.
Marijuana industry lobbyist Jeremiah Murphy asked why concealed firearm permits don’t have a similar notice.
Jensen, the sponsor, said the bill was simple. “It does nothing but inform the people.”
HB 1024 passed 7 to 0. It now goes to the Senate for further consideration. However, HB1024 passed the House in a slightly different form.
