Title 34, PUBLIC HEALTH AND SAFETY

For the purposes of state law, an activity related to medical cannabis is lawful as long as it is conducted in accordance with this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

No contract entered into by a cardholder, a medical cannabis establishment, or medical cannabis establishment agent, or by a person who allows property to be used for an activity that is exempt from state criminal penalties by this chapter is unenforceable on the basis that activ…

This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct: (1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or pro…

A cardholder may not be refused enrollment by a school or a lease by a landlord, or otherwise be penalized by a school or landlord solely for the person's status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school or landlord to l…

A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for: (l) The medical use of cannabis in accord…

For the purposes of medical care, including organ and tissue transplants, a registered qualifying patient's use of cannabis in accordance with this chapter is considered the equivalent of the authorized use of any other medication used at the discretion of a practitioner and does…

No person may be denied custody of, visitation rights with, or parenting time with a minor solely because the person is a cardholder. There is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasona…

Except as otherwise provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose must be afforded the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as i…

The rights provided by §§ 34-20G-19 to 34-20G-25 , inclusive, do not apply to the extent that they conflict with an employer's obligations under federal law or regulation or to the extent that they would disqualify an employer from a monetary or licensing-related benefit under fe…

No employer is required to allow the ingestion, possession, transfer, display, or transportation of cannabis in any workplace or to allow any employee to work while under the influence of cannabis. No employer is prohibited from establishing and enforcing a drug-free workplace po…

No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A health care facility, as defined in § 34-12-1.1 , an accredited prevention or treatment facility, as defined in § 34-20A-2 , a mental health center, as defined in § 27A-1-1 , a child welfare agency, as defined in § 26-6-1 , or a community support provider or community services …

Nothing in this chapter requires: (1) A government medical assistance program or private health insurer, workers' compensation insurance carrier, or self-insured employer providing workers' compensation benefits, to reimburse a person for costs associated with the medical use of …

Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

Each application for a registry identification card and each application for a card renewal must include a notice that: (1) The Gun Control Act of 1968, 18 U.S.C. § 922 (January 1, 2024), prohibits any person who is an unlawful user of or addicted to any controlled substance, as …

The department shall issue a registry identification card to a qualifying patient who submits the following, in accordance with rules promulgated by the department: (1) A written certification issued by a practitioner within ninety days immediately preceding the date of an applic…

No nonresident cardholder is subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a business or occupational or professional licensing board or entity, for transporting, purchasing, possessin…

If the qualifying patient is unable to submit the information required by § 34-20G-29 due to the person's age or medical condition, the person responsible for making medical decisions for the qualifying patient may do so on behalf of the qualifying patient. Source: Initiated Meas…

Except as provided in § 34-20G-32 , the department shall: (1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within fifteen days of receiving a completed application or renewal applica…

The department may conduct a background check of a designated caregiver in order to carry out the provisions of § 34-20G-31 . Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

The department may not issue a registry identification card to a qualifying patient who is younger than eighteen years of age unless: (1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the custodial parent or…

The department may deny an application or renewal of a qualifying patient’s registry identification card only if the applicant: (1) Does not provide the required information, fee, or materials; (2) Does not meet the requirement to obtain a registry identification card as defined …

The department may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if: (l) The designated caregiver does not meet the requirements of a designated caregiver as defined in § 34-20G-l; (2) …

The department shall give written notice to the qualifying patient of the reason for: (1) Denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver; or (2) Revoking the registry identification card of the qualifying patie…

Denial of an application or renewal under § 34-20G-34 or 34-20G-35 is considered a final department action, subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of cannabis in accordance with this chapter if the cardholder is in possession of a registry identification card and an amount of cannabis that does not exceed the allowable amo…

A registry identification card shall contain all of the following: (1) The name of the cardholder; (2) A designation of whether the cardholder is a qualifying patient or a designated caregiver; (3) The date of issuance and expiration date of the registry identification card; (4) …

The registry identification card of a qualifying patient and designated caregiver, if any, expires on the date noted by the practitioner in the qualifying patient's written certification, not to exceed one year after the date of issue. Source: Initiated Measure No. 26, approved N…

The department shall maintain a confidential list of: (a) The name, address, phone number, and registry identification card number of each person to whom the department has issued a registry identification card; and (b) The name, address, and phone number of a registered qualifyi…

Within one hundred twenty days of July 1, 2021, the department shall establish a secure phone or web-based verification system. The verification system shall allow law enforcement personnel and medical cannabis establishments to enter a registry identification number and determin…

The following notifications are required: (1) A registered qualifying patient shall notify the department of any change in the applicant’s name or address, or if the patient ceases to have a debilitating medical condition, within ten days of the change; (2) A registered designate…

Any notification that a registered qualifying patient is required to make under this chapter may be made by the patient's designated caregiver if the qualifying patient is unable to make the notification due to age or medical condition. Source: Initiated Measure No. 26, approved …

If a cardholder notifies the department of any item listed in § 34-20G-46 , but remains eligible under this chapter, the department shall issue the cardholder a new registry identification card with a new random ten-digit alphanumeric identification number within ten days of rece…

A registry identification card is void if the certifying practitioner notifies the department in writing that: (1) The registered qualifying patient has ceased to suffer from a debilitating medical condition; or (2) The practitioner no longer believes the patient would receive th…

No practitioner is subject to arrest, prosecution, or penalty of any kind, or denied any right or privilege, including civil penalty or disciplinary action by the South Dakota Board of Medical and Osteopathic Examiners or by any other occupational or professional licensing board …

Nothing in this chapter authorizes a practitioner to provide a written certification to a patient who is pregnant or breastfeeding. Source: SL 2023, ch 120 , § 2.

If a practitioner issues a written certification under this chapter, and if the practitioner is neither the patient's primary care provider nor a specialty provider caring for the patient's debilitating medical condition, the practitioner shall, upon issuing the certification, pr…

A medical cannabis establishment shall notify the department within one business day of any theft or significant loss of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that: (1) A practitioner has stated that, in the practiti…

An affirmative defense and motion to dismiss shall fail if the prosecution proves that: (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 t…

A person is not required to possess a registry identification card to raise the affirmative defense set forth in § 34-20G-51 . Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

If a person demonstrates the person's medical purpose for using cannabis pursuant to this chapter, except as provided in § 34-20G-18 , the person is not subject to the following for the person's use of cannabis for medical purposes: (1) Disciplinary action by an occupational or p…

Not later than ninety days after receiving an application for a medical cannabis establishment, the department shall register the prospective medical cannabis establishment and issue a registration certificate and a random ten-digit alphanumeric identification number if all of th…

If the governing body of a county has enacted a numerical limit on the number of medical cannabis establishments in the county and a greater number of applicants seek registration, the department shall solicit and consider input from the county as to its preference for registrati…

The department shall issue a renewal registration certificate within forty-five days of receipt of the prescribed renewal application and renewal fee from a medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132…

The governing body of a municipality may enact an ordinance not in conflict with this chapter, regardless of whether it has enacted a zoning ordinance pursuant to title 11, imposing: (1) Restrictions on a medical cannabis establishment to govern the time, place, and manner of ope…