S.D. Codified Laws § 34-20G-52

Current with legislation signed by the governor on or before 3/6/2024

Section 34-20G-52 - Proof of unavailability of defense to prosecution

An affirmative defense and motion to dismiss shall fail if the prosecution proves that:

(1) The person had a registry identification card revoked for misconduct; or

(2) The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense.

SDCL 34-20G-52

Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.