Committee sends bill to 40‑first‑day to let Health Department accept VA records for veterans’ medical cannabis cards

PIERRE, S.D. — The House Military and Veterans Affairs Committee voted to send House Bill 12‑55 to the 40‑first‑day calendar after a day of emotional testimony about veteran access to South Dakota’s medical cannabis program.

Representative Tim Goodwin, the bill sponsor, said the measure would let the Department of Health verify existing Veterans Affairs medical records documenting qualifying conditions and issue a registry identification card without a separate private certification. “If we have it authorized, I just want it where if it's gonna help veterans … they should be able to use it if it's prescribed,” Goodwin said, framing the bill as a response to veteran suicide and access barriers.

Proponents argued the change is administrative, not clinical. Mitch Richter of Genesis Farms told the committee VA clinicians cannot complete state certification paperwork because of federal rules, forcing some veterans to pay for private appointments just to get the required form. “This bill simply allows the Department of Health to verify the veteran’s existing VA medical records documenting a qualifying condition along with proof of honorable discharge,” Richter said.

Casey Entwistle, a member of the state’s medical marijuana oversight committee, and other veterans and veterans’ organizations described veterans being pushed toward unregulated products when unable to use the VA to obtain paperwork. “By denying veterans access to the regulated program, we are unintentionally steering them to illegal, unregulated, and unsafe products,” Entwistle said, adding the bill preserves program safeguards such as fees, renewals and product limits.

The Department of Health and program staff opposed the bill on patient‑safety and operational grounds. Secretary Melissa Maigstead said in‑person evaluation by a provider with medical cannabis expertise flags contraindications, medication interactions and comorbidities that a document search might miss. “We perform a physical exam … we look at your meds. There are certain medications that medical cannabis is not appropriate for,” Maigstead said, adding that removing an in‑person review would create unequal standards of care.

Cassie Duffenbaugh, division director overseeing the office of medical cannabis, told lawmakers the department would face a large operational burden if asked to accept up to three years of VA records for review. She cited roughly 66,000 veterans in South Dakota and said the department currently regulates about 18,000 medical cannabis patients and 219 practitioners, warning the workload could “overburden our resources.”

Committee members offered mixed views: several said they supported easing barriers for veterans but wanted more consultation with DOH and worried the change could obligate the department to certify temporary or outdated diagnoses. After discussion, Representative Randolph moved to send the bill to the 40‑first‑day calendar; the motion passed on a roll call vote, 10 yeas, 1 nay, 2 excused. Representative Goodwin recorded the sole no vote.

Next steps: HB 12‑55 will appear on the 40‑first‑day calendar for further consideration.

Speakers quoted in this article appear in committee testimony and include Representative Tim Goodwin (prime sponsor), Mitch Richter (Genesis Farms), Casey Entwistle (medical marijuana oversight committee member), Secretary Melissa Maigstead (South Dakota Department of Health), and Cassie Duffenbaugh (Division Director, Licensure & Accreditation).