South Dakota House Bill 1053, a proposal that would require terminal care facilities to allow terminally ill patients to use medical marijuana, has been scheduled for a January 22 hearing in the House Health and Human Services Committee.

The legislation was filed January 13 by a bipartisan coalition of eight lawmakers (four Democrat and four Republican), including lead sponsor State Representative Tony Emery (D). The bill would amend existing state law to ensure that patients with terminal conditions are not barred from using medical marijuana while receiving care in certain health care settings.

Under current law, health care facilities in South Dakota are allowed to adopt restrictions on the use of medical marijuana by registered patients, including prohibiting its use on facility grounds. House Bill 1053 would carve out a specific exception for terminal care facilities, requiring them to allow qualified patients with a terminal condition to store and use medical marijuana while admitted or residing at the facility.

The bill applies to hospitals, inpatient hospices, and residential hospice facilities. It specifies that patients would not be allowed to smoke or vape medical marijuana inside these facilities, and it does not require staff to procure or administer marijuana to patients. Instead, facilities would be required to establish internal policies governing storage and use.

To comply with the proposal, patients or their designated caregivers would need to provide proof of a valid medical marijuana registry card, and the patient’s attending practitioner would be required to document marijuana use in the medical record.

House Bill 1053 also includes protections for facilities, allowing them to opt out of compliance if a federal agency initiates enforcement action related to medical marijuana or issues guidance expressly prohibiting its use in the facility.

If approved by the House Health and Human Services Committee, the bill will move towards a vote by the full House of Representatives.