SIOUX FALLS, S.D. (KELO.com) — Gov. Kristi Noem is easing up state enforcement of certain marijuana laws with medical cannabis now legal in the state.
She says the South Dakota Highway Patrol won’t arrest people carrying “natural and unaltered marijuana” as long as they have less than three ounces on them and can show proof of a debilitating medical condition.
People who hold tribal ID cards for medical marijuana will still be subject to the three-ounce maximum, according to the release. Noem said they’re going to treat those cards the same way they treat out-of-state IDs for medical pot.
The full guidelines are below, per a release from Noem’s office:
The South Dakota Highway Patrol will issue guidance to its personnel consistent with the Framework, effective July 1. The Framework covers questions for the most common situations South Dakota residents hoping to benefit from access to medical cannabis are likely to face after IM 26 goes into effect:
- “What if I don’t have a medical cannabis card?” ANSWER: Highway Patrol personnel will not, at the scene of a stop or interaction, arrest a South Dakota resident who is unable to present an unexpired medical cannabis card, as long each of the following apply:
- The individual possesses no more than three ounces of natural and unaltered marijuana, as defined by SDCL 22-42-1;
- The individual claims at the time of the interaction that the medical cannabis is to treat or alleviate a debilitating medical condition as defined by the Department of Health;
- The individual produces printed or electronic documentation relative to the debilitating medical condition from a licensed medical doctor.
- “What if I have a nonresident card?” ANSWER: Highway Patrol personnel will not arrest nonresident cardholders for possession of cannabis, nor will they seize the cannabis or any associated paraphernalia, if the following applies:
- The cardholder presents an unexpired medical cannabis card issued by another state; and
- He or she possesses no more than three ounces of natural and unaltered cannabis, as defined by SDCL 22-42-1;
- “What if I have a tribal card?” ANSWER: The nonresident card provision applies in this instance, so long as the cardholder is an enrolled tribal member and presents an unexpired medical cannabis card issued by the resident’s tribe.
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