South Dakota Administrative Code

44:90:02:01. Practitioner's written certification of debilitating medical condition. Only a practitioner may issue a written certification to a resident of South Dakota. A practitioner's written certification must be submitted to the department and must be on a form supplied by t…

44:90:02:02. Practitioner’s written certification -- Determination of caregivers. For patients under the age of 18, a practitioner shall consult with the patient’s parents or legal guardians to determine how many designated caregivers are needed to manage the acquisition, dosage,…

44:90:02:02.01. Practitioner certification -- Recommendation for cultivation of cannabis -- Extended plant count. Repealed. Source: 48 SDR 54, effective November 15, 2021; 49 SDR 9, effective August 8, 2022.

44:90:02:03. Practitioner not required to provide certification. Nothing in this chapter requires a practitioner to certify a patient for medical cannabis use. Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022. General Authority: SDCL 34-20G-72(4). …

44:90:02:04. Patient registry identification card application requirements -- Initial application. To apply for a patient registry identification card, a South Dakota resident with a debilitating medical condition, or the person responsible for making medical decisions for that p…

44:90:02:05. Patient designation of designated caregivers -- Age-restricted cardholders -- Person responsible for making medical decisions -- Residents of certain health care facilities. A qualifying patient may designate an eligible individual as a designated caregiver by submit…

44:90:02:06. Designated caregivers -- State-only background check -- Prohibition of remuneration. Each person designated as a designated caregiver to one or more qualifying patients shall submit to the Division of Criminal Investigation once every two years: (1) A photocopy of an…

44:90:02:07. Application to cultivate cannabis -- Patient designation of designated caregivers to cultivate cannabis. A patient, or the patient’s designated caregiver applying to cultivate cannabis, shall submit to the department: (1) A diagram and photographs of the enclosed, lo…

44:90:02:08. Requirements for designated caregivers designated to cultivate cannabis. Only one person may cultivate cannabis on behalf of a patient, except that: (1) A qualifying patient may share the designation with a designated caregiver who resides in the same dwelling; and (…

44:90:02:09. Registry identification card -- Renewal. A qualifying patient, or the qualifying patient’s parents or legal guardian, shall submit a renewal application, with the required fee pursuant to § 44:90:02:17, up to 45 days prior to the expiration of the patient’s registry …

44:90:02:10. Change of designation of designated caregivers. A qualifying patient or the qualifying patient’s parent or legal guardian may remove, add, or substitute designated caregivers at any time. If the change results in the addition or substitution of a designated caregiver…

44:90:02:11. Change of designation to cultivate. A qualifying patient or the qualifying patient’s parent or legal guardian may remove, add, or substitute a designation to cultivate at any time. If the change results in the addition or substitution of an individual to cultivate me…

44:90:02:12. Notice to no longer act as designated caregiver. A designated caregiver shall provide written notice to the patient or the patient’s parents or legal guardians and shall notify the department on a form supplied by the department if the designated caregiver no longer …

44:90:02:13. Death of qualifying patient. Upon giving notice of a patient’s death pursuant to SDCL 34-20G-46(2), a designated caregiver shall, within 15 days, return the registry identification card associated with the patient to the department and, if applicable, shall destroy a…

44:90:02:14. Nonresident registration -- Required documentation. The department shall accept any of the following as sufficient documentation of a nonresident's debilitating medical condition: (1) Practitioner certification issued in the person's jurisdiction of residence and con…

44:90:02:15. Nonresident registration -- Registry identification number. The department shall issue to a nonresident cardholder who has met all registration requirements a ten-digit alphanumeric registry identification number, which expires on the earliest of: (1) One year from t…

44:90:02:16. Allowable quantity of cannabis products. Cardholders and nonresident cardholders may possess cannabis products if the equivalent cannabis weight of the products, plus the weight of cannabis flower and trim possessed by the cardholder, does not exceed three ounces pur…

44:90:02:16.01. Limits on inhalable cannabis products. Except as permitted by SDCL 34-20G-1(1)(d), no cardholder under 21 years of age may possess inhalable cannabis products. Source: 48 SDR 54, effective November 15, 2021. General Authority: SDCL 34-20G-72(9). Law Implemented: S…

44:90:02:17. Fees for registry identification cards. (1) The base fee for initial application and yearly renewal of a patient registry identification card for a resident of South Dakota is: (a) For a low-income qualifying patient, $20; and (b) For all other applicants, $75. (2) Q…

44:90:03:01. Initial application for registration certificate. An initial application for a registration certificate for any type of medical cannabis establishment must include: (1) A completed application form; (2) Operating procedures consistent with this article; (3) Proof of …

44:90:03:02. Certificate renewal -- Application. A renewal application for a registration certificate: (1) Is required every 12 months from date of issuance; and (2) Must include all components of an initial application, except that a detailed description of any changes to operat…

44:90:03:03. Certificate location transfer -- Application. An application for the transfer of a registration certificate to a different physical location must include: (1) A completed change of location form; (2) Documentation that establishment is operating in substantial compli…

44:90:03:04. Transfer of ownership. The transfer of any ownership interest in a medical cannabis establishment of 50 percent or more to a party not already approved by the department as an owner of the establishment requires the submission of an initial application pursuant to § …

44:90:03:05. Operating procedures -- Required contents -- All medical cannabis establishments. The operating procedures of any medical cannabis establishment must include: (1) A management plan identifying the individuals who are to be in charge of day-to-day operations of the es…

44:90:03:06. Cannabis cultivation facility operating procedures -- Additional requirements. The operating procedures for a cultivation facility must provide the department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G…

44:90:03:07. Cannabis testing facility operating procedures -- Additional requirements. The written operating procedures for a testing facility must provide the department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G…

44:90:03:08. Cannabis product manufacturing facility operating procedures -- Additional requirements. The operating procedures for a cannabis product manufacturing facility must provide the department with sufficient detail to determine the establishment’s compliance with this ar…

44:90:03:09. Cannabis dispensary operating procedures -- Additional requirements. The operating procedures for a dispensary must provide the department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including: (1) Pla…

44:90:03:10. Compliance with local zoning requirements -- Form of certification. Each initial or renewal application must include a certification, on a form supplied by the department, of compliance with all applicable city and county zoning requirements. Source: 48 SDR 40, effec…

44:90:03:11. Local registration, license, or permit -- Department verification. Each initial or renewal application must include either: (1) A certification, on a form supplied by the department, that the applicant is not required to obtain any city or county registration, licens…

44:90:03:12. Deadline to submit initial applications for establishments. The department shall accept applications on a rolling basis, except that applications to locate an establishment in a city or county that has limited the number of medical cannabis establishments must be sub…

44:90:03:13. No registration certificate revocation -- Department verification. Each initial or renewal application must include a certification, on a form supplied by the department, that none of the principal officers or board members have served as a principal officer or board…

44:90:03:14. No disqualifying felonies -- Form of certification. With each initial or renewal application: (1) Each principal officer or board member shall affirm that the individual has not been convicted of any disqualifying felony offense, whether in South Dakota or another ju…

44:90:03:15. Department review of competitive applications -- Scoring criteria. In a case in which more medical cannabis establishments apply than are allowed by a local government, the department shall numerically score competitive applications according to the following criteri…

44:90:03:16. Department awarding of registration certificate -- Tiebreaking procedures -- Notice to unsuccessful applicants. The department shall award a registration certificate as follows: (1) If more establishments apply than are allowed by a local government, the department m…

44:90:03:17. Fees for registration certificates -- Application and renewal. The department shall collect a non-refundable fee for an initial or renewal application for an establishment registration certificate of nine thousand dollars. Source: 48 SDR 40, effective October 5, 2021…

44:90:04:01. Change in management -- Duty to report. An establishment shall remain under the direction of the individuals identified in its management plan pursuant to § 44:90:03:05(1). An establishment shall provide the department an updated management plan within seven days aft…

44:90:04:02. Corrective and preventive action -- Written procedures. An establishment shall maintain and follow written procedures for implementing corrective action and preventive action, including: (1) Analysis of processes, work operations, reports, records, service records, c…

44:90:04:03. Duty to report criminal activity to department and law enforcement. In addition to notice required by SDCL 34-20G-50, an establishment shall provide notice to the department and local law enforcement agency within one business day upon its discovery of any unauthoriz…

44:90:04:04. Co-location of medical cannabis establishments. A medical cannabis establishment shall have separate means of ingress and egress from any other medical cannabis establishment, except that multiple medical cannabis establishments with common ownership may be co-locate…

44:90:04:05. Lighting. Any gate or perimeter entry point of a medical cannabis establishment must have lighting sufficient for observers to see and cameras to record, any activity within ten feet of the gate or entry. A motion detection lighting system may be employed to light re…

44:90:04:06. Doors and windows. Commercial grade locks intended for facilities requiring high levels of physical security, are required on all perimeter entry doors. All windows must be in good condition and lockable. Source: 48 SDR 40, effective October 5, 2021. General Authorit…

44:90:04:07. Placement of security cameras. All medical cannabis establishments shall permanently fix security cameras: (1) At each exterior door and gate to allow identification of persons entering or exiting the premises; (2) At each door separating non-public areas of a dispen…

44:90:04:08. Recording by security cameras -- Access by department. The video surveillance system must meet the following minimum requirements: (1) Minimum resolution of 720 pixels;(2) Internet protocol (IP) compatibility supporting live viewing by the department over a secure in…

44:90:04:09. Storage of camera footage. An establishment shall maintain surveillance recordings for a minimum of 90 days, either: (1) On a surveillance system storage device secured on the premises in a lockbox, cabinet, or closet and alarmed with motion and seismic sensors to pr…

44:90:04:10. Alarm system. A medical cannabis establishment shall maintain an alarm system: (1) With monitored sensors on all exterior doors, windows, and gates; (2) Monitored by a security company capable of contacting the establishment and, if necessary, law enforcement; (3) Th…

44:90:04:11. Agent identification badges to be provided by establishments. A medical cannabis establishment shall provide an agent identification badge to each agent. The establishment shall include on the badge: (1) The agent’s photograph that meets the requirements of subdivisi…

44:90:04:12. Agent identification badges to be displayed. A medical cannabis establishment shall provide an agent identification badge to each agent, who shall display this badge whenever on the premises of the establishment or transporting cannabis or cannabis products. Source: …

44:90:04:13. Controlled access -- Verification of identity. No medical cannabis establishment may share premises with or permit access directly from any residence or business unless permitted by § 44:90:04:04. This section may not be interpreted to prohibit access from a shared p…

44:90:04:14. Visitor badges to be worn by contractors performing work at a medical cannabis establishment. A medical cannabis establishment shall issue a visitor badge to any temporary contractor of the establishment whose scope of work will not involve the handling of cannabis, …