South Dakota Senators Reject Bills To Repeal Medical Marijuana Program After Federal Rescheduling And Limit THC Potency

South Dakota lawmakers have rejected a pair of bills that would have ended the state’s medical marijuana program if the plant is federally rescheduled and to set strict THC potency caps on cannabis products for patients.

The Senate Health and Human Services Committee on Wednesday took up both measures from Sen. John Carley (R), rejecting the medical marijuana repeal bill in a 7-0 vote and the potency proposal in a 6-1 vote.

Under the first bill, South Dakota’s voter-approved medical cannabis program would have been eliminated 90 days after the federal government finalized the rescheduling of marijuana under the Controlled Substance Act (CSA)—a policy change that’s actively in the works, as President Donald Trump in December ordered that process to be expeditiously completed.

“Rescheduling cannabis from Schedule l to Schedule lll does not make medical cannabis accessible nationwide,” the Marijuana Policy Project (MPP) said in an action alert ahead of the vote. “It is cruel and cynical to marry the two issues and eliminate a program 70 percent of voters enacted, just as federal law recognizes the efficacy of medical cannabis.”

“If SB 181 passed, South Dakota’s medical cannabis program would strip legal protections and safe access from 18,000 patients,” it said. “Forty states have medical programs. None have repealed their state’s medical cannabis programs.”

In testimony to the committee, the state Department of Health voiced opposition to the legislation.

Carley’s other bill would have made it so medical cannabis products available to patients couldn’t exceed 5 percent THC for oils or 60 percent for liquid concentrates. The Senate panel also soundly defeated that proposal.

“The THC potency cap is not based on scientific research for what is best for medical patients,” MPP said. “This would deprive patients of the products that work best for them.”

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These votes come weeks after senators separately voted not to take up a measure to ban intoxicating hemp cannabinoid products.

Also last month, the House Health and Human Services Committee rejected a bill that would have allowed terminally ill patients to use medical cannabis in hospitals and hospices.

Around this time last year, Rep. Travis Ismay (R) attempted to repeal the state’s medical marijuana program, but his proposal was also defeated in committee.

Photo courtesy of Philip Steffan.