# South Dakota HB 1053: require that terminal care facilities allow terminally ill patients to use medical cannabis.

South Dakota HB 1053, require that terminal care facilities allow terminally ill patients to use medical cannabis., is a 101st South Dakota Legislature (2026) House bill sponsored by Emery, Eric (Democratic); status failed, last action 2026-01-22 (House Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 12, NAYS 1) (as of 2026-11-01).

- Canonical: https://policyrisk.com/state-bill/SD-HB1053-2026
- As of: 2026-11-01
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: South Dakota HB 1053
- State: South Dakota
- Session: 101st South Dakota Legislature (2026)
- Title: require that terminal care facilities allow terminally ill patients to use medical cannabis.
- Status: failed
- Chamber: House
- Introduced: 2026-01-13
- Last action: 2026-01-22, House Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 12, NAYS 1
- Sponsor: Emery, Eric (Democratic)
- Cosponsors: 12
- Subjects: Health Care, Medical Cannabis, Public Health and Safety
- Touches household money: no
- Roll calls: 1 (12 yes, 1 no in all)
- Economic provisions PRIA read: 0

## Summary

No summary available.

## Bill overview

No economic impacts identified for this bill.

## Sponsors and cosponsors

- Sponsor: Emery, Eric (Democratic), House
- Cosponsor: Aylward, Aaron (Republican), House
- Cosponsor: DeGroot, Roger (Republican), House
- Cosponsor: Garcia, Josephine (Republican), House
- Cosponsor: Healy, Erin (Democratic), House
- Cosponsor: Jensen, Phil (Republican), House
- Cosponsor: Larson, Liz (Democratic), Senate
- Cosponsor: Muckey, Erik (Democratic), House
- Cosponsor: Nelson, Lauren (Republican), Senate
- Cosponsor: Pischke, Tom (Republican), Senate
- Cosponsor: Smith, Jamie (Democratic), Senate
- Cosponsor: Uhre-Balk, Nicole (Democratic), House
- Cosponsor: Wittman, Kadyn (Democratic), House

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-01-22 | House | Deferred to the 41st legislative day | pass | 12 | 1 |   |

## Actions (3)

- 2026-01-22: House Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 12, NAYS 1 (House)
- 2026-01-22: Scheduled for hearing (House)
- 2026-01-13: First read in House and referred to House Health and Human Services (House)

## Bill text

- Introduced, 2026-01-09: [PDF](https://mylrc.sdlegislature.gov/api/Documents/293464.pdf)

## Related bills

- HB 1082: establish parameters for the reimbursement of school districts that provide free or reduced-price meals to students. (signed)
- HB 1051: revise property tax levies for school districts and to revise the state aid to general and special education formulas. (signed)
- HB 1245: authorize municipalities to establish a local funding mechanism for capital improvement projects. (signed)
- HB 1193: modify the provisions for a refund of taxes to disabled veterans and surviving spouses under certain property tax relief programs. (signed)
- HB 1148: adopt the respiratory care interstate compact. (signed)
- HB 1149: adopt the athletic trainer licensure compact. (signed)

## Sources
- [Introduced (PDF)](https://mylrc.sdlegislature.gov/api/Documents/293464.pdf)

## Related
- [HB 1082: establish parameters for the reimbursement of school districts that provide fre…](https://policyrisk.com/state-bill/SD-HB1082-2026)
- [HB 1051: revise property tax levies for school districts and to revise the state aid to…](https://policyrisk.com/state-bill/SD-HB1051-2026)
- [HB 1245: authorize municipalities to establish a local funding mechanism for capital imp…](https://policyrisk.com/state-bill/SD-HB1245-2026)
- [HB 1193: modify the provisions for a refund of taxes to disabled veterans and surviving…](https://policyrisk.com/state-bill/SD-HB1193-2026)
- [HB 1148: adopt the respiratory care interstate compact.](https://policyrisk.com/state-bill/SD-HB1148-2026)
- [HB 1149: adopt the athletic trainer licensure compact.](https://policyrisk.com/state-bill/SD-HB1149-2026)
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Source: PRIA, https://policyrisk.com/state-bill/SD-HB1053-2026 (as of 2026-11-01).