reglab/housing_qa huggingface dataset:
SD Codified L § 34-20G-51 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-51 - Medical purpose defense to prosecution involving cannabis.

34-20G-51. Medical purpose defense to prosecution involving cannabis. 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 practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person;(2)The person was in possession of no more than three ounces of cannabis, the amount of cannabis products allowed by department rules, six cannabis plants minimum or as prescribed by a physician, and the cannabis produced by those plants;(3)The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition; and(4)Any cultivation of cannabis and storage of more than three ounces of cannabis occurred in a secure location that only the person asserting the defense could access. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-52 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-52 - Proof of unavailability of defense to prosecution.

34-20G-52. Proof of unavailability of defense to prosecution. 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 the person with a debilitating medical condition who raised the defense. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-53 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-53 - Registry identification card not required to raise defense.

34-20G-53. Registry identification card not required to raise defense. 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.
SD Codified L § 34-20G-54 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-54 - Person using cannabis for medical purpose not subject to discipline or forfeiture.

34-20G-54. Person using cannabis for medical purpose not subject to discipline or forfeiture. 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 professional licensing board or bureau; or(2)Forfeiture of any interest in or right to any property other than cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-55 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-55 - Application for medical cannabis establishment--Contents and conditions--Time for registration.

34-20G-55. Application for medical cannabis establishment--Contents and conditions--Time for registration. 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 the following conditions are satisfied:(1)The prospective medical cannabis establishment has submitted all of the following:(a)The application fee;(b)An application, including:(i)The legal name of the prospective medical cannabis establishment;(ii)The physical address of the prospective medical cannabis establishment that is not within one thousand feet of a public or private school existing before the date of the medical cannabis establishment application;(iii)The name and date of birth of each principal officer and board member of the proposed medical cannabis establishment; and(iv)Any additional information requested by the department;(c)Operating procedures consistent with rules for oversight of the proposed medical cannabis establishment, including procedures to ensure accurate record keeping and adequate security measures;(d)If the city or county where the proposed medical cannabis establishment would be located has enacted zoning restrictions, a sworn statement certifying that the proposed medical cannabis establishment does not violate the restrictions;(e)If the city or county where the proposed medical cannabis establishment requires a local registration, license, or permit, a copy of the registration, license, or permit;(2)None of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its registration certificate revoked;(3)None of the principal officers or board members is under twenty-one years of age; and(4)At least one principal officer is a resident of this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-56 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-56 - Local government limitation on number of medical cannabis establishments.

34-20G-56. Local government limitation on number of medical cannabis establishments. If a local government has enacted a numerical limit on the number of medical cannabis establishments in the locality and a greater number of applicants seek registration, the department shall solicit and consider input from the local government as to its preference for registration. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-57 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-57 - Renewal of medical cannabis establishment registration.

34-20G-57. Renewal of medical cannabis establishment registration. The department shall issue a renewal registration certificate within ten days of receipt of the prescribed renewal application and renewal fee from a medical cannabis establishment if the establishment's registration certificate is not under suspension and has not been revoked. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-58 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-58 - Local government ordinances governing medical cannabis establishments.

34-20G-58. Local government ordinances governing medical cannabis establishments. A local government may enact an ordinance not in conflict with this chapter, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-59 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-59 - Local government prohibition of dispensaries not permitted.

34-20G-59. Local government prohibition of dispensaries not permitted. No local government may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the jurisdiction. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-60 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-60 - Local licensing of medical cannabis establishments--Fee.

34-20G-60. Local licensing of medical cannabis establishments--Fee. A local government may require a medical cannabis establishment to obtain a local license, permit, or registration to operate, and may charge a reasonable fee for the local license, permit, or registration. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-61 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-61 - Criminal background check of medical cannabis establishment officers, employees, and volunteers.

34-20G-61. Criminal background check of medical cannabis establishment officers, employees, and volunteers. 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: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-62 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-62 - Employment restrictions on medical cannabis establishments.

34-20G-62. Employment restrictions on medical cannabis establishments. 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.
SD Codified L § 34-20G-63 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-63 - Medical cannabis establishment procedures for oversight and record keeping.

34-20G-63. Medical cannabis establishment procedures for oversight and record keeping. 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.
SD Codified L § 34-20G-64 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-64 - Medical cannabis establishment security measures.

34-20G-64. Medical cannabis establishment security measures. 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.
SD Codified L § 34-20G-65 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-65 - Cultivation, harvesting, manufacturing, and packaging of cannabis.

34-20G-65. Cultivation, harvesting, manufacturing, and packaging of cannabis. 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, emergency personnel, and adults who are twenty-one years of age and older and who are accompanied by a medical cannabis establishment agent. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-66 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-66 - Production of cannabis products.

34-20G-66. Production of cannabis products. 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.
SD Codified L § 34-20G-67 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-67 - Sharing office space and patient referrals to practitioners prohibited.

34-20G-67. Sharing office space and patient referrals to practitioners prohibited. 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.
SD Codified L § 34-20G-68 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-68 - Consumption of cannabis on medical cannabis establishment property prohibited.

34-20G-68. Consumption of cannabis on medical cannabis establishment property prohibited. 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.
SD Codified L § 34-20G-69 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-69 - Inspection of medical cannabis establishments.

34-20G-69. Inspection of medical cannabis establishments. 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.
SD Codified L § 34-20G-70 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-70 - Conditions for dispensing cannabis.

34-20G-70. Conditions for dispensing cannabis. Before cannabis may be dispensed to a cardholder or nonresident cardholder, a dispensary agent:(1)Shall make a diligent effort to verify that the registry identification card or registration presented to the dispensary is valid;(2)Shall make a diligent effort to verify that the person presenting the documentation is the person identified on the document presented to the dispensary agent;(3)May not dispense an amount of cannabis to a person that would cause the person to possess more than the allowable amount of cannabis; and(4)Shall make a diligent effort to verify that the dispensary is the current dispensary that was designated by the cardholder or nonresident cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-71 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-71 - Limitations on amount of cannabis dispensed.

34-20G-71. Limitations on amount of cannabis dispensed. A dispensary may not dispense more than three ounces of cannabis to a nonresident cardholder or a registered qualifying patient, directly or via a designated caregiver, in any fourteen-day period. A dispensary shall ensure compliance with the limitation under this section by maintaining internal, confidential records that include 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: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-73 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-73 - Civil penalty for failure to provide required notice.

34-20G-73. Civil penalty for failure to provide required notice. 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. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-74 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-74 - Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification.

34-20G-74. Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification. 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 to a medical cannabis establishment or its agent is guilty of a Class 6 felony. A person convicted under this section may not continue to be affiliated with the medical cannabis establishment and is disqualified from any future affiliation with any medical cannabis establishment under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-75 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-75 - Intentional cannabis sale or transfer by cardholder to unauthorized person as felony.

34-20G-75. Intentional cannabis sale or transfer by cardholder to unauthorized person as felony. 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 its agent is guilty of a Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-76 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-76 - False statement to law enforcement official about medical use of cannabis as misdemeanor.

34-20G-76. False statement to law enforcement official about medical use of cannabis as misdemeanor. 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 apply for making a false statement or for the possession, cultivation, or sale of cannabis not protected by this chapter. If a person convicted of violating this section is a cardholder, the person is disqualified from being a cardholder under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-77 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-77 - Knowing submission of false records or documents to certify medical cannabis establishment as felony.

34-20G-77. Knowing submission of false records or documents to certify medical cannabis establishment as felony. 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.
SD Codified L § 34-20G-78 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-78 - Certain conduct of practitioner as misdemeanor.

34-20G-78. Certain conduct of practitioner as misdemeanor. A practitioner who knowingly refers patients to a medical cannabis establishment or to a designated caregiver, who advertises in a medical cannabis establishment, or who issues written certifications while holding a financial interest in a medical cannabis establishment is guilty of a Class 2 misdemeanor. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-79 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-79 - Breach of confidentiality of information as misdemeanor.

34-20G-79. Breach of confidentiality of information as misdemeanor. 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. 1, 2021.
SD Codified L § 34-20G-80 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-80 - Suspension or revocation of medical cannabis establishment registration certificate.

34-20G-80. Suspension or revocation of medical cannabis establishment registration certificate. The department may on its own motion or on complaint, after investigation and opportunity for a public hearing at which the medical cannabis establishment has been afforded an opportunity to be heard, suspend or revoke a registration certificate for multiple negligent or knowing violations or for a serious and knowing violation by the registrant or any of its agents of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-81 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-81 - Notice of suspension, revocation, or sanction--Notice of hearing--Duration of suspension.

34-20G-81. Notice of suspension, revocation, or sanction--Notice of hearing--Duration of suspension. The department shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing, by mailing the same in writing to the medical cannabis establishment at the address on the registration certificate. A suspension may not be for a longer period than six months. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-82 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-82 - Permitted and prohibited conduct during suspension.

34-20G-82. Permitted and prohibited conduct during suspension. 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 cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
SD Codified L § 34-20G-83 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20G - Medical Cannabis|Section 34-20G-83 - Revocation of registry identification card for cannabis sale to unauthorized person--Disqualification.

34-20G-83. Revocation of registry identification card for cannabis sale to unauthorized person--Disqualification. 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. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.