Title 34 — PUBLIC HEALTH AND SAFETY

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 §

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…

Source: SL 2022, ch 130 , § 1; SL 2024, ch 137 , § 4.

No county or municipality may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the county or municipality. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 20…

No person licensed by the state or any other governmental entity to engage in any profession, occupation, or other activity is subject to disciplinary action, denial of the rights and privileges of such license, or otherwise penalized by the licensing authority for lawfully engag…

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137 , § 5.

Each medical cannabis establishment shall conduct a background check into the criminal history of each person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the medical cannabis establishment. Source: Initiat…

A medical cannabis establishment may not employ any person who: (1) Was convicted of a disqualifying felony offense; or (2) Is under twenty-one years of age. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

Each medical cannabis establishment shall have operating documents that include procedures for the oversight of the medical cannabis establishment and procedures to ensure accurate record keeping. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A medical cannabis establishment shall implement appropriate security measures designed to deter and prevent the theft of cannabis and unauthorized entrance into any area containing cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

All cultivation, harvesting, manufacturing and packaging of cannabis shall take place in a secure facility at a physical address provided to the department during the registration process. The secure facility may only be accessed by agents of the medical cannabis establishment, e…

A sample of cannabis or cannabis products submitted to a testing facility must be collected by a designated representative of the testing facility. A medical cannabis establishment shall ensure that testing is conducted on a sample of cannabis or cannabis product immediately prio…

No medical cannabis establishment other than a cannabis product manufacturer may produce cannabis concentrates, cannabis extractions, or other cannabis products. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A medical cannabis establishment may not share office space with or refer a patient to a practitioner. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A medical cannabis establishment may not permit any person to consume cannabis on the property of a medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A medical cannabis establishment is subject to inspection by the department during business hours. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

No person is subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for: (1) Providing or selling cannabis parapherna…

A dispensary may not dispense more than three ounces of cannabis or a cannabis product to a registered qualifying patient or a nonresident cardholder, directly or via a designated caregiver, in any fourteen-day period. Before cannabis or a cannabis product may be dispensed to a c…

A dispensary shall maintain internal, confidential records specifying how much cannabis is dispensed to a nonresident cardholder or registered qualifying patient and whether it is dispensed directly to a registered qualifying patient or to the designated caregiver. Source: Initia…

The department shall promulgate rules pursuant to chapter 1-26 : (1) Establishing the form and content of registration and renewal applications submitted under this chapter and include the notice requirements set forth in § 34-20G-28.1 ; (2) Establishing a system to numerically s…

A cardholder or medical cannabis establishment who fails to provide a notice required by this chapter is subject to a civil penalty of no more than one hundred fifty dollars. Any civil penalty collected shall be deposited in the state general fund. Source: Initiated Measure No. 2…

In addition to any other penalty under law, a medical cannabis establishment or an agent of a medical cannabis establishment who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or…

In addition to any other penalty under law, a cardholder or nonresident cardholder who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or it…

A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a Class 2 misdemeanor. The penalty is in addition to any other penalty that may appl…

A person who knowingly submits false records or documentation required by the department to certify a medical cannabis establishment under this chapter is guilty of Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A practitioner is guilty of a Class 2 misdemeanor if the practitioner: (1) Knowingly refers a patient to a medical cannabis establishment or to a designated caregiver in exchange for financial consideration; (2) Advertises in a medical cannabis establishment; (3) Issues written c…

An entity is guilty of a Class 2 misdemeanor if the entity: (1) Offers a discount, deal, or other financial incentive for making an appointment with a practitioner for the purpose of receiving a written certification; or (2) Charges a practitioner's patient based on the duration …

If a practitioner or an immediate family member of the practitioner has a financial relationship with a medical cannabis clinic, the practitioner may not knowingly refer a patient to that clinic for the purpose of receiving a written certification under this chapter. For purposes…

It is a Class 2 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul…

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134 , § 1.

The department may, after notice and hearing in accordance with chapter 1-26 , impose probation, impose a fine, suspend, or revoke a registration certificate for multiple negligent or knowing violations of this chapter, or for a serious and knowing violation of this chapter, by t…

The department shall provide notice of probation, fine, suspension, or revocation by mailing the same in writing to the medical cannabis establishment at the address on the registration certificate. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 20…

A medical cannabis establishment may continue to possess cannabis during a suspension, but it may not dispense, transfer, or sell cannabis. A cultivation facility may continue to cultivate and possess cannabis plants during a suspension, but it may not dispense, transfer, or sell…

The department shall immediately revoke the registry identification card of any cardholder who sells cannabis to a person who is not allowed to possess cannabis for medical purposes under this chapter, and the cardholder is disqualified from being a cardholder under this chapter.…