By John Hult, South Dakota Searchlight
The state Senate has endorsed a measure that requires parolees, probationers and other people on probation to obtain additional approvals from health care practitioners in order to receive a medical marijuana card.
The current law on medical marijuana does not prohibit access by people on probation and parole, despite the fact that it is often expected of those on supervision to refrain from drugs and alcohol.
Senate Bill No. 191 would not prohibit the issuance of medical cannabis cards to a person under supervised release. The recommending practitioner would have to certify the drug is in line with the patient’s treatment plan for a serious medical condition. They must also certify it’s a reasonable option based on their observations of the patient. These certifications will need to be given to a parole officer or court services officer in some form.
Sen. Jim Mehlhaff, R-Pierre, told the Senate the Unified Judicial System and Department of Corrections of the state wanted “guardrails” to prevent abuse of the medical marijuana system by those under their supervision.
Mehlhaff explained that “they just want some level of assurance that the people who receive medical marijuana certifications have a debilitating, bona fide condition and are receiving proper medical treatment.”
The original bill was more restrictive than the version that passed the Senate Monday afternoon. The bill, as introduced last month would have prohibited the use of medical marijuana until it was approved by the U.S. Food and Drug Administration for national use, effectively putting it out of bounds.
The bill was rejected by the Senate Health and Human Services Committee, on 5 February. The bill was re-examined nine days later in light of the amended language, and it passed with a 4-3 vote.
Mehlhaff (R-Winner), as well as Sen. Erin Tobin, both served on 2023 Medical Marijuana Oversight Committee. Tobin, who was a member of the 2023 Medical Marijuana Oversight Committee, told the Senate Monday that she had initially been against the idea. She said the revised language is the result of discussions with health professionals and that it now represents a proposal she supports.
Tobin stated that it was important to ensure the use of medical marijuana for the correct patient population and the right reasons. I think that allowing judges to have some discretion in deciding whether or not probationers and parolees are allowed medical marijuana will allow for really individual health care as well as compassionate care while also considering public safety concerns.
SB 191 was passed with a vote of 29-4 and will now be sent to a House Committee.
This article was originally published by South Dakota Searchlight.
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