South Dakota Codified Laws 34-20G-52. Proof of unavailability of defense to prosecution
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Proof of unavailability of defense to prosecution.
An affirmative defense and motion to dismiss shall fail if the prosecution proves that:
Terms Used In South Dakota Codified Laws 34-20G-52
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(1) The person had a registry identification card revoked for misconduct; or
(2) The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.