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State House Judiciary Committee advances medical marijuana bills

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Legislative bills continue to shape the state’s medical marijuana program.

Some from the 2024 legislative session aim to warn patients of potential federal consequences.

The House Judiciary committee heard multiple medical marijuana-related bills Friday.

One of those bills, House Bill 1024, would require an additional notification of federal gun and controlled substance laws on state medical marijuana cards.

Rep. Kevin Jensen is the prime sponsor of the bill. The Canton Republican said it does not create any additional hurdle for patients.

“Nothing in this bill precludes anyone from getting a medical marijuana card or using the card for whatever purposes. This bill is simply a matter of notification,” said Jensen.   

Jensen said the bill is important to be prepared for issues that could arise in the state’s medical marijuana program.

Jerimiah Murphy is a lobbyist for the Cannabis Industry Association of South Dakota and opposed the bill. He said the bill is premature.

“The federal government may not spend funds to interfere with state medical marijuana programs and that’s been tested in the courts, and it’s gone through the circuit courts and the circuit courts have interpreted it to say exactly what it says," said Murphy. "You can not interfere with medical marijuana programs either at the program level or at the individual level.”

A second bill under committee consideration was House Bill 1036. The bill would mandate that all dispensary’s hang signs reminding patients of federal gun and marijuana laws or pay a $250 daily fine.

Jensen said the fine was a suggestion by the LRC to gain compliance.

“Compliance is as simple as copy, paste, print, tape it up. Its really not requiring any effort of these folks at all and if they do it, they don’t have to worry about a fine,” said Jensen.  

Opponents said the fine is a direct threat to dispensaries.

Both bills were voted do-pass by the committee.

Evan Walton is an SDPB reporter based in Sioux Falls. Evan holds a Master’s in English Literature from Southern New Hampshire University and was honorably discharged from the United States Army in 2015, where he served for five years as an infantryman.