Proof of unavailability of defense to prosecution.

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

Terms Used In South Dakota Codified Laws 34-20G-52

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(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.

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