FOR AN ACT ENTITLED, An Act to authorize the limited use of certain types of medical marijuana.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That the code be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Cannabidiol," a nonpsychoactive cannabinoid found in the plant cannabis sativa L. or cannabis indica or any other preparation thereof that is essentially free from plant material, and has a tetrahydroconnabinol level of no more than three percent;

            (2)    "Intractable epilepsy," an epileptic seizure disorder for which standard medical treatment does not prevent or significantly reduce reoccurring, uncontrolled seizures or for which standard medical treatment results in harmful side effects;

            (3)    "Primary caregiver," a person, at least eighteen years of age, who has been designated by a patient's physician, or the patient, as being necessary to managing the well-being of the patient.

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    Section 2. That the code be amended by adding a NEW SECTION to read:

    Upon proper and thorough examination of a patient, a physician may prescribe the use of cannabidiol in liquid, oil, or pill form for treatment of intractable epilepsy. Any patient diagnosed with intractable epilepsy may possess up to the amount of cannabidiol liquid, oil, or pills prescribed by a physician. A physician may not prescribe cannabidiol for illnesses other than intractable epilepsy.
    Section 3. That the code be amended by adding a NEW SECTION to read:

    A patient in possession of a valid cannabidiol prescription is not subject to prosecution pursuant to chapter 22-42, 22-42A, or 34-20B. A physician properly prescribing cannabidiol is not subject to prosecution pursuant to chapter 22-42, 22-42A, or 34-20B. A primary caregiver as defined in section 1 of this Act or a custodial parent of the patient may assist in the administering of the prescribed cannabidiol to the patient and is not subject to prosecution pursuant to chapter 22-42, 22-42A, or 34-20B. A pharmacist or other medical professional handling cannabidiol pursuant to this Act is not subject to prosecution pursuant to chapter 22-42, 22-42A, or 34-20B. However, improper possession or use of a valid cannabidiol prescription by any person is subject to prosecution pursuant to chapter 22-42 or 22-42A.