• Caleb Finck

Rep. Finck - Week 2 Legislative Update - 2022

This week I would like to provide the details to the Medical Marijuana bills that I am bringing forth from the Summer Study on Marijuana. The bills I am working on include: SB 5, SB 6, SB 7, SB 8, SB 19, and one additional individual bill which is not finished yet. SB 5 is an act to revise acceptable conduct related to the medical use of cannabis. This bill makes several changes, the first is the addition of a Safety-Sensitive Job definition. This is to ensure that individuals are not under the influence of cannabis while operating equipment or preforming a job task that could cause the illness, injury, or death of an individual or result in serious property damage. The second change in this bill is the addition of clarifying language for the definition of "under the influence of cannabis". Third, this bill clarifies that you cannot smoke or vape cannabis while using public transit or in any public place that is open to the public. Fourth, this clarifies that minors under 21 years old cannot smoke or vape, if they were to get a medical card they would need to use other methods of delivery. Fifth, there is new language that gives employers the right to maintain the drug free workplace policy that may include a drug testing program that complies with state and federal law, additionally, no employer is required to allow the ingestion, possession, transfer, display, or transportation of cannabis in any workplace or allow any employee to work while under the influence of cannabis. SB 5 has already passed the Senate and now moves to the House for consideration. SB 6 is an act to revise provisions related to prohibited conduct by schools and landlords related to medial cannabis. This bill makes one change for landlords and allows them to impose reasonable restrictions on the medical use of cannabis at the landlord's property. This is intended to be like current smoking laws, landlords are allowed to specify where the smoking can take place as to not affect the other tenants in the property. SB 6 has not yet been scheduled for a senate committee hearing. SB 7 is an act to revise provisions related to custody and visitation rights by medical cannabis cardholders. This bill simply clarifies that no person may be denied custody of visitation rights, or parenting time with a minor solely because the person is a cardholder. Additionally, the bill adds that nothing in this law supersedes or otherwise affects custody decisions, visitation rights, or parenting time based upon the best interests of the child. SB 7 is scheduled for a Senate Judiciary Committee hearing on January 25th. SB 8 is an act to revise provisions concerning civil penalties imposed for violations related to medical cannabis. This bill would have clarified that anyone violating the laws or rules of the medical cannabis program could be fined up to $1000 for each violation. Unfortunately, SB 8 was defeated in the Senate Health and Human Services committee last week on a vote of 4-3. SB 19 is an act to provide that health care facilities and accredited prevention and treatment facilities may establish reasonable restrictions related to the medical use of cannabis. Due to cannabis still being a schedule 1 controlled substance federally and most health care facilities handle Medicare and Medicaid patients, these facilities needed specific regulatory authority within their facilities to ensure they don’t loose Medicare and Medicaid funding. SB 19 has passed the Senate and will be headed to the House. The district 21 delegation is working on scheduling cracker barrels and legislative coffees across the district and we will announce those dates and locations next week once they are finalized. If you would like any additional information on these issues or any other issues please contact me by email at Caleb.Finck@SDLegislature.gov or call me at 605-933-2042. Have a great week! Rep. Finck

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