New SD Bill Would Let Police Arrest Medical Cannabis Patients Over Misplaced Cards

SB 95 would allow police to arrest otherwise compliant medical marijuana patients in South Dakota solely for failing to immediately produce a physical card or card number, overriding existing statutory protections

🏛️ South Dakota SB 95 — What It Does

By Jason Karimi

Bill Summary: Require that a medical cannabis cardholder provide a card or card number upon request of a law enforcement officer.

Core Change

SB 95 would allow police to arrest registered medical marijuana patients if they cannot immediately produce:
• Their physical medical cannabis card OR
• Their medical cannabis card number

Even if they are otherwise fully compliant with possession and use limits.

This represents a major carve-out from current patient protections.

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🚨 Why This Is a Big Deal

Current Law (Before SB 95)

South Dakota law currently protects cardholders from arrest and prosecution if they:
• Are registered
• Are within possession limits
• Are compliant with cultivation/transport rules

SB 95 adds a “notwithstanding any other provision” clause — meaning:

➡️ Failure to show a card on demand can override patient protections.

That means:
• Forget your wallet → arrestable
• Phone dead → arrestable
• Card at home → arrestable

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Key Language (From Bill Text)

From the introduced bill:

A cardholder would be subject to arrest if, upon request by a law enforcement officer, they fail to provide their registry identification card or registry identification card number.

This applies to:
• South Dakota residents
• Nonresident cardholders traveling in the state

📄 Official bill PDF (SD Legislature):
https://mylrc.sdlegislature.gov/api/Documents/Bill/294827.pdf?Year=2026

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Committee & Status
• Referred to: Senate Judiciary Committee
• Hearing: January 29, 2026
• Status: Introduced (no amendments yet)

LegiScan tracking page:
https://legiscan.com/SD/bill/SB95/2026

OpenStates tracking:
https://open.pluralpolicy.com/sd/bills/2026/SB95/

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Sponsors (All Republicans)

Primary sponsors include:
• Sen. Lauren Nelson (R)
• Rep. Josephine Garcia (R)
• Sen. John Carley (R)
• Rep. Julie Auch (R)
• Rep. Heather Baxter (R)
• Rep. Lana Greenfield (R)
• Rep. Terri Jorgenson (R)
• Sen. Carl Perry (R)
(17 total sponsors)

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Media Coverage

The Marijuana Herald — Jan 27, 2026

South Dakota Bill Would Allow Police to Arrest Medical Marijuana Patients Who Don’t Present Card on Demand

This article clearly explains the arrest expansion and hearing date.

Link:
https://themarijuanaherald.com/2026/01/south-dakota-bill-would-allow-police-to-arrest-medical-marijuana-patients-who-dont-present-card-on-demand-hearing-set-for-january-29/

WeedPress is an independent operation beholden to nobody. Reporting updates on this threat to patient security in South Dakota will be published as the updates roll in.

If you wish to be a source for intel for WeedPress email: WeedPressNews@yahoo.com

Senate Bill 95 is scheduled for a public hearing before the South Dakota Senate Judiciary Committee on Thursday, January 29, where lawmakers will take testimony on a proposal that would allow police to arrest registered medical cannabis patients for failing to immediately present a medical marijuana card or card number.

🏛️ SB 95 Hearing — What, When, Where

Senate Bill 95 (Medical Cannabis Card Arrest Bill)

Committee: South Dakota Senate Judiciary Committee

Date: Thursday, January 29, 2026

Status: Scheduled for public hearing

Official Confirmation

Open States (official legislative tracker):
https://open.pluralpolicy.com/sd/bills/2026/SB95/

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What Will Happen

• The committee will take public testimony
• Law enforcement and patient advocates are expected to weigh in
• This is the first major decision point for whether SB 95 advances

From The Marijuana Herald (Jan 27, 2026):
https://themarijuanaherald.com/2026/01/south-dakota-bill-would-allow-police-to-arrest-medical-marijuana-patients-who-dont-present-card-on-demand-hearing-set-for-january-29/

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Time & Room (Important Note)

The South Dakota Legislature has not yet published the finalized Judiciary agenda PDF with room/time for SB 95 as of this morning.

Based on standard practice:

• Senate Judiciary usually meets:
• Early morning (often 7:45 AM)
• Room 413 (Capitol)

But you should verify on-site or via the daily agenda board for exact time.

Testimony registration & agendas:
https://sdlegislature.gov/testify/

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On-the-Ground Scoop Opportunity

What to watch for tomorrow:
• Whether law enforcement testifies in favor
• Whether any sponsors admit this is about enforcement leverage
• Whether any amendments are floated
• How many patient advocates show up (or don’t)

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Pro Tip for Capitol Coverage

Check:

• Printed Judiciary agenda outside Room 413
• The daily committee schedule board
• Judiciary clerk for exact slot time

If you wish to be a source for intel for WeedPress email: WeedPressNews@yahoo.com