SDBML Update: Senate Health and Human Services Committee Amends House Bill 1100 to Include Legal Protections for Patients
SDBML UPDATE: SENATE HEALTH AND HUMAN SERVICES COMMITTEE AMENDS HOUSE BILL 1100 TO INCLUDE LEGAL PROTECTIONS FOR PATIENTS
SDBML Team
March 3, 2021
Due to our hard work over the past several days, the Senate Health and Human Services Committee today voted 4-3 to adopt our proposed amendment that would ensure that legal protections for medical marijuana patients take effect on July 1, 2021.
We thank Senator Blake Curd, Senator Red Dawn Foster, Senator Art Rusch, and Senator Erin Tobin for their yes votes in committee. The next step is for the entire Senate to vote on the amended version of House Bill 1100.
We still oppose the bill, but we definitely improved it today. This was a partial win for all of the South Dakotans who have taken action to defend Measure 26 by contacting their legislators and attending cracker barrels. The pressure from voters is having a real impact in Pierre.
In the newest version of HB 1100, certain legal protections for medical marijuana patients will now take effect on July 1, 2021 (as originally approved by voters in Measure 26) instead of January 1, 2022. The original version of HB 1100 delayed the protections all the way to July 1, 2022.
We recognize that these protections are limited in scope. They don't stop arrests -- they only stop convictions. And they are subject to restrictions. You can read the policy here, in section 5: https://mylrc.sdlegislature.gov/api/Documents/219153.pdf
After the legislative session is over, we plan to provide more information about how this legal protection can be used. Again, it is currently on track to take effect on July 1 of this year.
Even if this policy doesn't stop arrests, it still provides a new legal defense option for medical marijuana patients -- one that could potentially help them avoid criminal records and harsh criminal penalties including jail time.
Last week in the House, we worked very hard and managed to reduce the major delays in HB 1100 by six months.
And today, in the Senate Health and Human Services Committee, we pulled forward the legal protections by an additional six months.
All that being said -- we remain opposed to HB 1100. It should not pass. But if it is going to pass, then it absolutely must include the legal protections that we added to the bill today through the amendment.
We expect our opponents to work very hard to strip the amendment out of HB 1100 on the floor of the Senate.
We wish things were different. We wish Governor Noem's administration wasn't working so hard to delay Measure 26. We wish that staff time was being spent on implementing the policy. We wish that more State Representatives and State Senators were committed to implementing Measure 26 as approved by voters and had more respect for the ballot initiative process. We wish that taxpayer dollars were not being used to fund the anti-Amendment A lawsuit.
But we need to accept the reality -- we are going up against the political establishment. This legislative session was always going to be a challenge.
We have risen to that challenge. All things considered, we are doing pretty well. And it's primarily due to your efforts. Without your calls and your emails and your presence at the cracker barrels, we would still be facing the severe delays included in original version of HB 1100.
There is still more work ahead. We will be sharing more info tomorrow and Friday.
Let's remember that by staying united, we are stronger. Thank you for your incredible support and hard work!
Read the Kelo story — A medical defense is added to legislation delaying medical marijuana in South Dakota.
Read the Rapid City Journal story — Legislative leaders weigh in on marijuana bills