South Dakota Bill Would Allow Police to Arrest Medical Marijuana Patients Who Don’t Present Card on Demand, Hearing Set for January 29

OG article by Anthony Martinelli

January 28, 2026

South Dakota Senate Bill 95, introduced by 17 Republican lawmakers, would require medical marijuana patients to present their registry identification card or number immediately upon law enforcement request, or face arrest. A public hearing is set for January 29 before the Senate Judiciary Committee. Current law, approved by voters in 2020, protects compliant registered patients (within possession limits, cultivation, and transport rules) from arrest, prosecution, or penalties for lawful use. The bill adds an exception via "notwithstanding any other provision" language, overriding protections under sections 34-20G-2 and 34-20G-3. It applies to both residents and nonresident cardholders traveling in the state. No grace period, alternative verification, or mandatory registry check before arrest is specified—failure to produce the card or number could suffice for arrest under state law. This shifts focus from compliance with usage rules to on-demand documentation, potentially allowing arrests of fully compliant patients simply for lacking immediate access to credentials. If enacted, the change would significantly alter patient-law enforcement interactions in the state's medical program.