South Dakota Lawmakers Reject Bill To Let Terminally Ill Patients Use Medical Marijuana In Hospitals

OG article by Tom Angell

January 27, 2026

South Dakota’s House Health and Human Services Committee on January 22 shelved a bill that would have allowed terminally ill patients to legally use medical marijuana in hospitals and hospice settings. The committee voted 12-1 to defer the proposal to the 41st legislative day, effectively killing it for this session. Sponsor Rep. Eric Emery (D) argued the bill was narrowly tailored to let qualifying patients continue treatment when they enter inpatient settings, which some current policies abruptly prohibit, potentially worsening pain, nausea, and anxiety in patients nearing end of life. Opponents, including healthcare facility associations, stressed concerns over federal law conflicts and potential compliance risks for institutions. Under existing law, patients may use medical cannabis at home but face restrictions inside hospitals and hospices, notably excluding emergency departments. The bill would have required facilities to allow cannabis storage and non-smoke/vape administration methods for qualifying patients, though staff enforcement of use would remain governed by institutional policy. The measure was part of broader state efforts seen elsewhere, as similar legislation in other states seeks to reconcile patient rights with facility obligations. The vote highlights ongoing tensions between patient-centered access and regulatory caution in cannabis policy.