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A South Dakota legislative committee has rejected a bill that would have allowed terminally ill patients to use medical cannabis in hospitals and hospices.
The House Health and Human Services Committee voted 12-1 on Thursday to defer the measure to the 41st day of the session, effectively killing it.
Rep. Eric Emery (D), the sponsor of HB 1053, said it is a “narrow and carefully constructed bill that addresses one specific issue: ensuring that terminally ill patients who are already legally authorized to use medical cannabis under South Dakota law may continue the treatment when they enter the hospital or a hospice facility.”
“Under the current law, a patient may legally use medical cannabis at home with their approved practitioner. But once that same patient is admitted into a hospital or hospice facility, that access is abruptly ended—and not because the doctor has changed their mind, but because the facilities’ policies vary widely across the state,” he said. “For terminally ill patients, this disruption can mean unplanned pain, nausea, anxiety or even loss of appetite when care is no longer focused on the cure but comfort and dignity.”
“I’ve seen firsthand the pain and the suffering that often accompany… this final transition… When pain is eased, anxiety is reduced, and a person can be present with the people they truly love. This bill directly addresses that reality. It does not promise miracles. It simply removes the unnecessary barrier to provide comfort for people who are already dying.”
Representatives of the South Dakota Association of Healthcare Organizations and South Dakota Health Care Association testified against the measure, suggesting it would put facilities and staff at risk of violating federal law.
Under the bill, certain healthcare facilities would have been required to permit qualifying terminally ill patients to store and use medical cannabis on the premises.
Smoking and vaping would not be allowed, however, and so patients would have needed to consume marijuana in other forms.
The right to use medical cannabis also would not have applied to patients receiving treatment in emergency departments.
Facilities would be able to avoid having to let patients use medical if a federal agency took enforcement action on the issue or issued a rule or notification that “expressly prohibits the use of medical cannabis in the facility.”
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Lawmakers in several other states are considering similar legislation this year.
A Washington State House Committee, for example, approved a bill to let terminally ill patients use medical cannabis in hospitals, nursing homes and hospices this week.
A Senate panel in Delaware, meanwhile, took testimony on a bill to enact a similar marijuana reform in that state.
California and a handful of other states already have laws allowing terminally ill patients to use medical cannabis in healthcare facilities. Known as “Ryan’s Law,” the legislation is partly inspired by the experience of Jim Bartell, whose son died from cancer and was initially denied access to cannabis at a California hospital.
The Bartells did eventually find a facility that agreed to allow the treatment, and Jim said Ryan’s quality of life improved dramatically in his final days.
“In the invaluable last days as Ryan fought stage 4 pancreatic cancer, I first-handedly experienced the positive impact medical cannabis had on my son’s well-being, as opposed to the harsh effects of opiates,” Bartell said in 2021 when California’s governor signed Ryan’s Law. “Medical cannabis is an excellent option for relieving pain and suffering in those who are terminally-ill, but most importantly it serves to provide compassion, support, and dignity to patients and their families, during their loved-ones’ final days.”
“Looking at each other, holding Ryan’s hand and telling him how much I loved him during his final moments would not have been possible without the medical cannabis,” he said.
Tom Angell is the editor of Marijuana Moment. A 25-year veteran in the cannabis and drug law reform movement, he covers the policy and politics of marijuana, psychedelics and other substances. He previously reported for Forbes, Marijuana.com and MassRoots, and was given the Hunter S. Thompson Media Award by NORML and has been named Journalist of the Year by Americans for Safe Access. As an activist, Tom founded the nonprofit Marijuana Majority and handled media relations, campaigns and lobbying for Law Enforcement Against Prohibition and Students for Sensible Drug Policy.
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