Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis–Presumption rebuttable.

There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of cannabis in accordance with this chapter if the cardholder is in possession of a registry identification card and an amount of cannabis that does not exceed the allowable amount of cannabis. The presumption may be rebutted by evidence that conduct related to cannabis was not for the purpose of treating or alleviating a qualifying patient’s debilitating medical condition or symptom associated with the qualifying patient’s debilitating medical condition under this chapter.

Terms Used In South Dakota Codified Laws 34-20G-4

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Medical use: includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. See South Dakota Codified Laws 34-20G-1

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