South Dakota just can’t seem to catch a break when it comes to medical cannabis. Despite voters approving medical marijuana legalization with overwhelming support through Measure 26 in 2020, lawmakers continue to challenge and complicate the program. Now, two legislative threats—HB1055 and the newly introduced HB1101—are putting the state’s medical cannabis program at serious risk. Let’s take a look at what these bills aim to do, how they could impact medical cannabis patients, and why South Dakotans need to pay attention.
The History of Medical Cannabis in South Dakota
Before we talk about these new bills, it’s important to set the stage. Measure 26 was passed by nearly 70% of South Dakota voters in November 2020, ushering in the state’s first medical cannabis program. Despite this clear mandate, the program faced resistance from Governor Kristi Noem, who delayed its roll-out until July 2021. Under this program, patients could obtain cannabis for medical use and even cultivate up to two flowering and two non-flowering cannabis plants at home.
Fast forward to 2024, and the fight for medical cannabis access is far from over. Over the years, opposition groups and lawmakers have tried to introduce stricter regulations or dismantle the program altogether, signaling an ongoing struggle between the public and the political establishment in South Dakota.
HB1055 and Its Failures
Introduced earlier in 2024, House Bill 1055 (HB1055) aimed to introduce a new requirement to South Dakota’s medical cannabis program. This proposal sought to mandate two physician signatures for medical marijuana certification, even if the person’s primary physician already approved it.
While proponents of the bill like Representative Al Novstrup touted it as a “minor but major” adjustment to tighten regulations per SDPB, critics believed otherwise. Doubling the number of required medical approvals would not only drive up costs for patients but also deter those already struggling to access healthcare in rural areas. South Dakota Cannabis Industry Association lobbyist Jerimiah Murphy labeled this an unnecessary hurdle, stating, “The system is already so strict that many medical users have given up hope of navigating it.”
Thankfully for patients, HB1055 didn’t pass yet, as the House Health and Human Services Committee tabled the bill for now. However, the debate highlighted the fragile nature of South Dakota’s medical cannabis program—and set the stage for even more drastic proposals.
The Bigger Threat to South Dakota Medical Cannabis: HB1101
While HB1055 failed to advance for now, a much larger threat appeared in the form of House Bill 1101 (HB1101). Introduced this last week by Representative Travis Ismay and co-sponsored by four other Republican lawmakers, this bill doesn’t just impose additional restrictions—it proposes to eliminate South Dakota’s medical cannabis program entirely.
If passed, HB1101 would completely repeal the voter-approved program, closing dispensaries and stripping patients of their medical marijuana access as soon as July 1, 2025. This rollback would also end the home cultivation rights granted under the current law, criminalizing patients who grow their own cannabis for medical purposes.
Per the HempGazette, advocacy group New Approach South Dakota minced no words when responding to HB1101, describing it as “devastating” and accusing Representative Ismay of holding a personal vendetta against cannabis. This accusation isn’t baseless—Ismay has been an outspoken critic of medical cannabis and previously pushed for its repeal through a citizen ballot initiative that failed to qualify for the 2024 elections.
With HB1101 now on the table, Ismay is doubling down on his anti-cannabis agenda, using his new legislative role to reverse the will of the nearly 300,000 South Dakotans who voted for medical cannabis in 2020.
Patient Impact and What’s at Stake
The cost of HB1101 goes beyond closing dispensaries—it’s a direct assault on medical cannabis patients who depend on the program for relief. Many of these individuals in medical programs are managing chronic conditions, such as epilepsy, PTSD, or severe pain, and rely on cannabis as a safer alternative to prescription medications.
For them, the program isn’t just a convenience—it’s a lifeline. New restrictions or repeals would force patients back to the illegal market for cannabis, increasing their stress and exposing them to legal risks. It would also widen disparities in healthcare access, particularly for vulnerable populations in rural South Dakota who already face significant challenges. Additionally, such changes would undermine voters’ confidence in the democratic process by reversing a policy they explicitly supported.
Jerimiah Murphy from the South Dakota Cannabis Industry Association points out that the program has already seen a decline in patient registrations due to existing regulatory hurdles. Between January 2024 and today, the number of active medical cannabis cards has dropped by 12%, showing how difficult it already is for patients to maintain access. HB1101 would erase these gains altogether, leaving patients with no options.
Protecting South Dakota Medical Cannabis Patients and Preserving Progress
South Dakota’s medical cannabis program is more than just a law—it’s a step toward compassionate healthcare and respecting voter decisions. The introduction of HB1101 threatens to undo years of progress and deprive thousands of South Dakotans of their medicine. While HB1055 may be tabled as of now, HB1101 is very much alive—and it will take a unified effort from advocates, patients, and allies to defeat it.
South Dakota, this is your moment to stand up and defend medical cannabis. Whether it’s calling your representatives or rallying within your community, every action matters. Patients’ lives and rights are on the line.
