HB 1053

 26.248.17  101st Legislative Session  1053
                                       2026 South Dakota Legislature
                                               House Bill 1053
 Introduced by: Representative Emery
1 An Act to require that terminal care facilities allow terminally ill patients to use
2medical cannabis.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That § 34-20G-25.1 be AMENDED:
534-20G-25.1. A Except as provided in section 2 of this Act, a health care facility,
6    as defined in § 34-12-1.1, an accredited prevention or treatment facility, as defined in
7    § 34-20A-2, a mental health center, as defined in § 27A-1-1, a child welfare agency, as
8    defined in § 26-6-1, or a community support provider or community services provider, as
9    defined in § 27B-1-17, may adopt restrictions on the use of medical cannabis by a
10    cardholder who resides at, is actively receiving treatment or care from, or is visiting the
11    facility.
12The restrictions may include a provisions that the facility will not store or maintain
13    the cardholder's supply of medical cannabis, that the facility is not responsible for
14    providing the medical cannabis for to the cardholders, and that the medical cannabis be
15    used only in a place specified by the facility. Nothing in this section requires a facility to
16    adopt such these restrictions or requires a facility to allow the consumption of medical
17    cannabis on the grounds of the facility.
18No employee or agent of a facility may be subject to arrest, prosecution, or penalty
19    of any kind, or may be denied any right or privilege, including any civil penalty or
20    disciplinary action by a court or occupational or professional licensing board, and may not
21    be denied any right or privilege, for possession of medical cannabis while carrying out
22    employment duties, including providing or supervising the provision of care to a
23    cardholder, or distribution of the distribution of medical cannabis to a cardholder who
24    resides at or is actively receiving treatment or care is receiving care at the facility with
25    which the employee or agent is affiliated.
26 Section 2. That a NEW SECTION be added to chapter 34-20G:
                                                                                Underscores indicate new language.
                                                                              Overstrikes indicate deleted language.
 26.248.17  2  1053
1Notwithstanding § 34-20G-25.1, a terminal care facility shall permit a cardholder,
2    who is a patient or resident of the facility and has a terminal condition, to store and use
3    medical cannabis in the facility.
4Prior to bringing medical cannabis on the facility's premises, the cardholder or the
5    cardholder's designated caregiver shall provide a copy of the cardholder's registry
6    identification card to the terminal care facility, and the cardholder's attending practitioner
7    shall indicate the use of medical cannabis in the cardholder's medical records.
8A cardholder may not smoke or vape medical cannabis in a terminal care facility.
9A   terminal   care   facility   shall   establish   policies   and   procedures  for       the
10    administration, storage, and use of medical cannabis within the facility.
11This section does not apply to a cardholder receiving treatment in the emergency
12    care department of a hospital. Nothing in this section requires a terminal care facility, or
13    personnel working at the facility, to procure or administer medical cannabis to a patient.
14Terms used in this section mean:
15    (1)      "Terminal care facility," a hospital, inpatient hospice, or residential hospice, as
16defined in § 34-12-1.1; and
17    (2)      "Terminal condition" a medical condition that is diagnosed by a health care
18practitioner and has a life prognosis of less than one year.
19 Section 3. That a NEW SECTION be added to chapter 34-20G:
20A terminal care facility, as defined in section 2 of this Act, is not required to comply
21    with section 2 of this Act if any agency or department of the United States government:
22    (1)      Initiates enforcement action against the terminal care facility related to the
23facility's compliance with this chapter; or
24    (2)      Issues a rule, or otherwise provides notification to the terminal care facility, that
25expressly prohibits the use of medical cannabis in the facility.
                                                                                      Underscores indicate new language.
                                                                                    Overstrikes indicate deleted language.