reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-10 - Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.

34-20D-10. Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.
No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture, or preparation obtained pursuant to a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority.
Possession of more than nine grams of a drug product containing more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. This rebuttable presumption does not apply to:
(1)A retail distributor of drug products;
(2)A wholesale drug distributor, or its agents;
(3)A manufacturer of drug products, or its agents;
(4)A pharmacist licensed by the Board of Pharmacy; or
(5)A licensed health care professional possessing the drug products in the course of carrying out the profession.
Any violation of this section is a Class 1 misdemeanor.
Source:
SL 2006, ch 181, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-11 - Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor.

34-20D-11. Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor.
The Office of the Attorney General may provide retailers of chemical products containing pseudoephedrine, ephedrine, or phenylpropanolamine access to a real-time electronic record-keeping system to enter into the record system any transaction required by §34-20D-8. The real-time electronic record-keeping system shall be maintained in a central repository and shall have the capability to calculate state and federal ephedrine base, pseudoephedrine base, and phenylpropanolamine base purchase limitations. The electronic record-keeping system shall include a record of all the information obtained under §34-20D-8 and the unique identification number, type, and state of issue. The Office of the Attorney General may contract with a private vendor to implement this section. A contractor shall comply with the confidentiality requirements of this chapter and is subject to sanctions for violation of confidentiality requirements, including termination of the contract. No cost may be assessed to the retailer associated with the implementation, access, continuation, or maintenance of the electronic record-keeping system.
Source:
SL 2014, ch 166, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine › Section 34-20D-12 - Law enforcement access to electronic record-keeping system.

34-20D-12. Law enforcement access to electronic record-keeping system.
The attorney general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter.
Source:
SL 2014, ch 166, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-1 - Definition of terms.

34-20E-1. Definition of terms.
Terms used in this chapter mean:
(1)"Administer," the direct application of a controlled substance to the body of a patient. The term does not include the prescribing of a controlled substance for administration by the patient or someone other than the health care provider;
(2)"Board," the Board of Pharmacy;
(3)"Central repository," a place where electronic data related to the prescribing and dispensing of controlled substances is collected;
(4)"Controlled substance," any drug, substance, or immediate precursor as provided in schedules II through IV pursuant to §§34-20B-11 to 34-20B-26, inclusive;
(5)"De-identified information," health information that is not individually identifiable information because an expert has made that determination pursuant to 45 C.F.R. 164.514, or direct identifiers and specified demographic information have been removed in accordance with the requirements of that section;
(6)"Dispense," to deliver a controlled substance to an ultimate user by or pursuant to the lawful order of a health care provider, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery;
(7)"Dispenser," any person who delivers a controlled substance to the ultimate user, but does not include:
(a)A licensed hospital pharmacy that provides a controlled substance for the purpose of inpatient hospital care;
(b)A licensed health care provider or other authorized individual in those instances when the practitioner administers a controlled substance to a patient; or
(c)A licensed veterinarian;
(8)"Individually identifiable health information," the meaning set forth in 45 C.F.R. 160.103;
(9)"Integration," the linking of the central repository into the electronic health records to allow health systems, pharmacies, or health information exchanges to seamlessly access data;
(10)"Patient," any individual or owner of an animal who is the ultimate user of a controlled substance for whom a prescription is issued and for whom a controlled substance is dispensed;
(11)"Prescriber," an individual licensed, registered, or otherwise authorized by the jurisdiction in which the individual is practicing to prescribe drugs in the course of professional practice. The term does not include a veterinarian;
(12)"Program," the prescription drug monitoring program established by this chapter.
Source:
SL 2010, ch 175, §1; SL 2017, ch 157, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-2 - Prescription drug monitoring program to be established.

34-20E-2. Prescription drug monitoring program to be established.
The board shall establish and maintain a prescription drug monitoring program to monitor the prescribing and dispensing of all controlled substances. The program shall utilize a central repository, to which each dispenser shall submit, by electronic means, information regarding each prescription dispensed for a controlled substance. The information submitted for each prescription shall include specifically identified data elements adopted by the board and contained in the 2011 version of the electronic reporting standard for prescription monitoring programs, version 4.2 of the American Society for Automation in Pharmacy.
Source:
SL 2010, ch 175, §2; SL 2017, ch 157, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-2.1 - Prescriber and dispenser registration with program required--Exception.

34-20E-2.1. Prescriber and dispenser registration with program required--Exception.
Any person who has a controlled drug or substance registration pursuant to §34-20B-29 to prescribe or dispense any controlled drug or substance within this state must register with the program. Veterinarians licensed pursuant to chapter 36-12 are not subject to this requirement. The program shall work with the Department of Health to assure compliance with the requirement.
Source:
SL 2017, ch 157, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-3 - Submission of information to central repository.

34-20E-3. Submission of information to central repository.
Each dispenser shall submit the information required by this chapter to the central repository at least every twenty-four hours unless the board waives this requirement for good cause shown by the dispenser.
Source:
SL 2010, ch 175, §3; SL 2017, ch 157, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-4 - Grounds for extension of time to submit information.

34-20E-4. Grounds for extension of time to submit information.
The board may grant an extension of the time in which a dispenser must report the information required by §34-20E-2 to any dispenser that is unable to submit prescription information by electronic means because of one of the following occurrences:
(1)The dispenser suffers a mechanical or electronic failure or cannot report within the required time for other reasons beyond the dispenser's control;
(2)The central repository is unable to receive electronic submissions; or
(3)Good cause shown by a dispenser.
Source:
SL 2010, ch 175, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-5 - Confidentiality of information.

34-20E-5. Confidentiality of information.
Information submitted to the central repository is confidential and may not be disclosed except as provided in §34-20E-7.
Source:
SL 2010, ch 175, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-6 - Procedures for security of patent information.

34-20E-6. Procedures for security of patent information.
The board shall establish and maintain procedures to ensure that the privacy, confidentiality, and security of patient information collected, recorded, transmitted, and maintained is not disclosed except as provided in §34-20E-7.
Source:
SL 2010, ch 175, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-7 - Disclosure of data in central repository to certain persons and entities.

34-20E-7. Disclosure of data in central repository to certain persons and entities.
Unless disclosure is prohibited by law, the board may provide data in the central repository to:
(1)Any prescriber for the purpose of providing medical care to a patient, a dispenser for the purpose of filling a prescription or providing pharmaceutical care for a patient, a prescriber or dispenser inquiring about the prescriber's or dispenser's own prescribing activity, or a prescriber or dispenser in order to further the purposes of the program including integration with electronic medical records;
(2)Any individual who requests the prescription information of the individual or the individual's minor child;
(3)Any state board or regulatory agency that is responsible for the licensing of individuals authorized to prescribe or dispense controlled substances if the board or regulatory agency is seeking information from the central repository that is relevant to an investigation of an individual who holds a license issued by that board or regulatory agency;
(4)Any local, state, and federal law enforcement or prosecutorial officials engaged in the enforcement of laws relating to controlled substances who seek information for the purpose of an investigation or prosecution of the drug-related activity or probation compliance of an individual;
(5)The Department of Social Services for purposes regarding the utilization of controlled substances by a medicaid recipient;
(6)Any insurer for purposes regarding the utilization of controlled substances by a claimant;
(7)Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal violations of controlled substances laws;
(8)Any public or private entity for statistical, research, or educational purposes after the information is de-identified with respect to any prescriber, dispenser, or patient who received a prescription for a controlled substance; or
(9)Any peer review committee, which means any committee of a health care organization, composed of health care providers, employees, administrators, consultants, agents, or members of the health care organization's governing body, which conducts professional peer review.
Source:
SL 2010, ch 175, §7; SL 2017, ch 157, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-8 - Fees.

34-20E-8. Fees.
The board may charge a fee of ten dollars to any individual who requests information from the central repository pursuant to subdivision 34-20E-7(2). The board may charge a fee of one hundred dollars to any person who requests information from the central repository pursuant to subdivision 34-20E-7(8).
Source:
SL 2010, ch 175, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-9 - Records of information requests.

34-20E-9. Records of information requests.
The board shall maintain a record of each request for information from the central repository. The board may use the records to document and report statistics and outcomes. The board may provide records of the requests for information to:
(1)Any board or regulatory agency responsible for the licensing of individuals authorized to prescribe or dispense controlled substances that is engaged in an investigation of the individual who submitted the request for information from the central repository; and
(2)Any local, state, and federal law enforcement or prosecutorial official engaged in the enforcement of laws relating to controlled substances for the purpose of an active investigation of an individual who requested information from the central repository.
Source:
SL 2010, ch 175, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-10 - Contracts to facilitate operation of prescription drug monitoring program.

34-20E-10. Contracts to facilitate operation of prescription drug monitoring program.
The board may contract with another agency of this state, with an agency of another state, or with a private vendor to facilitate the effective operation of the prescription drug monitoring program. Any contractor is bound to comply with the provisions regarding confidentiality of prescription drug information in this chapter and is subject to termination or sanction, or both, for unlawful acts.
Source:
SL 2010, ch 175, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-11 - Immunity from civil liability.

34-20E-11. Immunity from civil liability.
Nothing in this chapter requires a prescriber or dispenser to obtain information about a patient from the central repository prior to prescribing or dispensing a controlled substance. A prescriber, dispenser, or other health care provider may not be held liable in damages to any person in any civil action on the basis that the prescriber, dispenser, or other health care provider did or did not seek to obtain information from the central repository. Unless there is shown a lack of good faith, the board, a prescriber, dispenser, or any other person in proper possession of information provided under this chapter is not subject to any civil liability by reason of:
(1)The furnishing of information under the conditions provided in this chapter;
(2)The receipt and use of, or reliance on, such information;
(3)The fact that any such information was not furnished; or
(4)The fact that such information was factually incorrect or was released by the board to the wrong person or entity.
Source:
SL 2010, ch 175, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-12 - Board to review data and refer patients, prescribers, or dispensers engaged in improper activities to law enforcement or regulatory authorities.

34-20E-12. Board to review data and refer patients, prescribers, or dispensers engaged in improper activities to law enforcement or regulatory authorities.
The board shall review the information received by the central repository to determine if there is reason to believe:
(1)A prescriber or dispenser may have engaged in an activity that may be a basis for disciplinary action by the board or regulatory agency responsible for the licensing of the prescriber or dispenser; or
(2)A patient may have misused, abused, or diverted a controlled substance.
If the board determines that there is reason to believe that any of the acts described in this section may have occurred, the board may notify the appropriate law enforcement agency or the board or regulatory agency responsible for the licensing of the prescriber or dispenser. The advisory council established in §34-20E-15 shall recommend guidelines to the board for reviewing data and making determinations with respect to the referral of patients, prescribers, or dispensers to law enforcement or appropriate regulatory authorities.
Source:
SL 2010, ch 175, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-13 - Correction of erroneous information.

34-20E-13. Correction of erroneous information.
Any patient, dispenser, or prescriber may request that erroneous information contained in the central repository be corrected or deleted. The board shall review the request to determine if the information is erroneous with respect to the patient, prescriber, or dispenser. The board shall correct any erroneous information the board discovers due to the request for review by a patient, prescriber, or dispenser.
Source:
SL 2010, ch 175, §13.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-14 - Cooperation with other states.

34-20E-14. Cooperation with other states.
The board shall adopt a procedure to allow information contained in the central repository to be shared with officials in other states acting for the purpose of controlled substance monitoring and for requesting and receiving similar controlled substance monitoring information from other states.
Source:
SL 2010, ch 175, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-15 - Advisory council established.

34-20E-15. Advisory council established.
An advisory council is established to advise and make recommendations to the board regarding how to best use the program to improve patient care and foster the goal of reducing misuse, abuse, and diversion of controlled substances; to encourage cooperation and coordination among state, local, and federal agencies and other states to reduce the misuse, abuse, and diversion of controlled substances; and to provide advice and recommendations to the board regarding any other matters as requested by the board. The advisory council shall serve without compensation. The advisory council may have access to central repository information to fulfill its duties.
Source:
SL 2010, ch 175, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-16 - Membership of advisory council.

34-20E-16. Membership of advisory council.
The advisory council shall consist of:
(1)One dispenser selected by the board;
(2)One prescriber selected by the Board of Medical and Osteopathic Examiners;
(3)One prescriber selected by the Board of Nursing;
(4)One prescriber selected by the Board of Dentistry;
(5)One prescriber selected by the Board of Examiners in Optometry;
(6)One prescriber selected by the South Dakota Academy of Physician Assistants;
(7)One member selected by the South Dakota Association of Healthcare Organizations;
(8)One member of the South Dakota State Medical Association;
(9)One member of the South Dakota Nurses Association;
(10)One member of the South Dakota Pharmacists Association;
(11)A designee of the attorney general;
(12)A designee of the Department of Health; and
(13)Any other prescriber or dispenser determined by the board to be necessary to meet a mandate of, or avoid a delay in implementing, an appropriations measure. The number of additional members that the board may select is limited to the number necessary to meet the mandate or avoid the delay of an appropriation.
Source:
SL 2010, ch 175, §16.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-17 - Recommendations of advisory council.

34-20E-17. Recommendations of advisory council.
The advisory council shall make recommendations to the board regarding:
(1)Safeguards for the release of information to persons who have access to the information contained in the central repository;
(2)The confidentiality of program information and the integrity of the patient's relationship with the patient's health care provider;
(3)Advancing the purposes of the program, including enhancement of the quality of health care delivery in this state; and
(4)The continued benefits of maintaining the program in relationship to the cost and other burdens to the state.
Source:
SL 2010, ch 175, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-18 - Report of knowing failure to submit information or submission of incorrect information to dispenser's licensing board.

34-20E-18. Report of knowing failure to submit information or submission of incorrect information to dispenser's licensing board.
Any dispenser who knowingly fails to submit prescription monitoring information to the board as required by this chapter or knowingly submits incorrect prescription information may be reported by the board to the dispenser's licensing board.
Source:
SL 2010, ch 175, §18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-19 - Knowing disclosure of information in violation of chapter as felony.

34-20E-19. Knowing disclosure of information in violation of chapter as felony.
Any person authorized to have prescription monitoring information pursuant to this chapter who knowingly discloses such information in violation of this chapter is subject to a Class 6 felony.
Source:
SL 2010, ch 175, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20E - Prescription Drug Monitoring Program › Section 34-20E-20 - Promulgation of rules.

34-20E-20. Promulgation of rules.
The board shall promulgate rules, pursuant to chapter 1-26, for the operation of the program. Any rule promulgated shall be designed to assure the fair, equitable, and efficient operation of the program. The rules may address the following:
(1)Criteria, procedures, and forms for submitting data to the program;
(2)Standards for information collection;
(3)Guidelines for reviewing data and making determinations with respect to the referral of patients, prescribers, or dispensers to law enforcement or appropriate regulatory authorities based upon an open case;
(4)Safeguards for the release of information to individuals who have access to the information contained in the central repository;
(5)Guidelines for maintaining the confidentiality of program information and the integrity of the patient's relationship with the patient's health care provider; and
(6)Policies for the compilation and release of statistics and outcomes for advancing the purposes of the program, including enhancement of the quality of health care delivery in this state.
Source:
SL 2010, ch 175, §20.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-1 - Retailer defined.

34-20F-1. Retailer defined.
For purposes of this chapter, a retailer is any person who sells merchandise at retail.
Source:
SL 2012, ch 185, §1, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-2 - Loose leaf incense defined.

34-20F-2. Loose leaf incense defined.
For purposes of this chapter, loose leaf incense includes loose potpourri, loose herbal incense, herbal smoking blends, or similar dried, leafy substances sold or marketed, directly or indirectly, as a relaxation, smoking, or herbal enhancement product. Herbal dietary supplements or remedies and United States Food and Drug Administration approved herbal teas or products are not included as loose leaf incense under this chapter.
Source:
SL 2012, ch 185, §8, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-3 - Limit on amount sold in single transaction--Violation as misdemeanor.

34-20F-3. Limit on amount sold in single transaction--Violation as misdemeanor.
No retailer may sell, in a single transaction, one quarter of a gram or more of loose leaf incense. Any person who sells loose leaf incense in violation of this section is guilty of a Class 1 misdemeanor.
Source:
SL 2012, ch 185, §2, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-4 - Sale to person under age twenty-one prohibited--Violation as misdemeanor.

34-20F-4. Sale to person under age twenty-one prohibited--Violation as misdemeanor.
No retailer may willfully and knowingly supply, deliver, give possession, or sell any amount of loose leaf incense to a person under twenty-one years of age. A violation of this is a Class 1 misdemeanor.
Source:
SL 2012, ch 185, §3, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-5 - Product to be kept behind counter or in locked case--Violation as misdemeanor.

34-20F-5. Product to be kept behind counter or in locked case--Violation as misdemeanor.
Any retailer who offers loose leaf incense for sale shall display and offer the product for sale behind the counter or in a locked case so that a customer wanting access to the product must ask a store employee for assistance. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2012, ch 185, §4, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-6 - Record of identification of buyer.

34-20F-6. Record of identification of buyer.
If offering for sale loose leaf incense, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, the term, identification, means a document issued by a governmental agency which contains a description of the person or a photograph of the person, or both, and gives the person's date of birth, such as a driver license, passport, or military identification card. The retailer shall maintain the record of identification, including the purchaser's name and date of birth. On August 1, 2012, and no later than the fifth day of every month thereafter, the retailer shall send any such records to the Office of the Attorney General. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. The retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.
Source:
SL 2012, ch 185, §5, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-7 - Advertising that loose leaf incense can be ingested prohibited--Violation as misdemeanor.

34-20F-7. Advertising that loose leaf incense can be ingested prohibited--Violation as misdemeanor.
No manufacturer, distributor, or retailer may advertise to the public, directly or indirectly, that loose leaf incense can be ingested. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2012, ch 185, §6, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-8 - Warning label--Violation as misdemeanor.

34-20F-8. Warning label--Violation as misdemeanor.
A retailer shall label each package of loose leaf incense sold in this state with a warning label that reads as follows: "This product is not meant to be ingested. The side effects of ingesting this product are unknown." A violation of this section is a Class 1 misdemeanor.
Source:
SL 2012, ch 185, §7, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20F - Loose Leaf Incense › Section 34-20F-9 - Ingredients label.

34-20F-9. Ingredients label.
A retailer shall ensure that each package of loose leaf incense sold is labeled with each ingredient present in the product, including all chemicals and additives.
Source:
SL 2012, ch 185, §9, eff. Mar. 2, 2012.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-2 - Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.

34-20G-2. Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
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 accordance with this chapter, if the cardholder does not possess more than the allowable amount of cannabis, and if any cannabis plant is either cultivated in an enclosed, locked facility or is being transported;
(2)Reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of cannabis;
(3)Transferring the cannabis to a testing facility;
(4)Compensating a dispensary or a testing facility for goods or services provided;
(5)Selling, transferring, or delivering cannabis seeds produced by the cardholder to a cultivation facility or dispensary; or
(6)Offering or providing cannabis to a cardholder for a registered qualifying patient's medical use, to a nonresident cardholder, or to a dispensary if nothing of value is transferred in return and the person giving the cannabis does not knowingly cause the recipient to possess more than the allowable amount of cannabis.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-3 - Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.

34-20G-3. Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
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, possessing, or using medical cannabis in accordance with this chapter if the nonresident cardholder does not possess more than three ounces of cannabis and the quantity of cannabis products established by rules promulgated by the department under §34-20G-72.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-4 - Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable.

34-20G-4. Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable.
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 amount of cannabis. The presumption may be rebutted by evidence that conduct related to cannabis was not for the purpose of treating or alleviating a qualifying patient's debilitating medical condition or symptom associated with the qualifying patient's debilitating medical condition under this chapter.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-5 - Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct.

34-20G-5. Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct.
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 or bureau, solely for providing written certifications or for otherwise stating that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition. Nothing in this chapter prevents a practitioner from being sanctioned for:
(1)Issuing a written certification to a patient with whom the practitioner does not have a bona fide practitioner-patient relationship; or
(2)Failing to properly evaluate a patient's medical condition.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-5.1 - Certification not authorized.

34-20G-5.1. Certification not authorized.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-6 - Licensed professionals not subject to discipline for certain conduct.

34-20G-6. Licensed professionals not subject to discipline for certain conduct.
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 engaging in any activity authorized under this chapter or providing any service to a person engaged in activity that is authorized by this chapter merely because that activity is prohibited by federal law.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 121, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-7 - Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct.

34-20G-7. Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct.
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 paraphernalia to a cardholder, nonresident cardholder, or to a medical cannabis establishment;
(2)Being in the presence or vicinity of the medical use of cannabis that is exempt from criminal or civil penalty by this chapter;
(3)Allowing the person's property to be used for an activity that is exempt from criminal or civil penalty by this chapter; or
(4)Assisting a registered qualifying patient with the act of using or administering cannabis.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-8 - Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.

34-20G-8. Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
No dispensary or a dispensary agent is subject to prosecution, search, or inspection, except by the department pursuant to §34-20G-69, seizure, or penalty in any manner; or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:
(1)Possess, transport, or store cannabis or cannabis products;
(2)Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided;
(3)Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return;
(4)Purchase or otherwise acquire cannabis from a cultivation facility or dispensary, and cannabis products from cannabis product manufacturing facility or dispensary; and
(5)Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a cardholder, nonresident cardholder, or dispensary.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-9 - Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.

34-20G-9. Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
No cultivation facility or a cultivation facility agent is subject to prosecution, search, or inspection, except by the department pursuant to §34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:
(1)Possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack, or store cannabis;
(2)Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided;
(3)Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return;
(4)Purchase or otherwise acquire cannabis from a cultivation facility;
(5)Purchase cannabis seeds from a cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction; or
(6)Deliver, sell, supply, transfer, or transport cannabis, cannabis paraphernalia, or related supplies or educational materials to a cultivation facility and dispensary.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-10 - Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.

34-20G-10. Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
No cannabis product manufacturing facility or a cannabis product manufacturing facility agent is subject to prosecution, search, or inspection, except by the department pursuant to §34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:
(1)Purchase or otherwise acquire cannabis from cultivation facility, and cannabis products or cannabis from a cannabis product manufacturing facility;
(2)Possess, produce, process, manufacture, compound, convert, prepare, pack, repack, and store cannabis or cannabis products;
(3)Deliver, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a dispensary or cannabis product manufacturing facility;
(4)Deliver, transfer, or transport cannabis to testing facility and compensate testing facility for services provided; or
(5)Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a cannabis product manufacturing facility or dispensary.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-11 - Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.

34-20G-11. Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct.
No testing facility or testing facility agent is subject to prosecution, search, or inspection, except by the department pursuant to §34-20G-69, seizure, or penalty in any manner, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:
(1)Acquire, possess, transport, and store cannabis or cannabis products obtained from a cardholder, nonresident cardholder or medical cannabis establishment;
(2)Return the cannabis or cannabis products to a cardholder, nonresident cardholder, or medical cannabis establishment from whom it was obtained;
(3)Test cannabis, including for potency, pesticides, mold, or contaminants; or
(4)Receive compensation for services under this section.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-12 - Sale or donation of cannabis seeds to cultivation facility.

34-20G-12. Sale or donation of cannabis seeds to cultivation facility.
A cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction may sell or donate cannabis seeds to a cultivation facility in this state.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-13 - Seizure or forfeiture of cannabis or related property.

34-20G-13. Seizure or forfeiture of cannabis or related property.
Any cannabis, cannabis product, cannabis paraphernalia, or other interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis as allowed under this chapter, or acts incidental to such use, may not be seized or forfeited. This chapter does not prevent the seizure or forfeiture of cannabis exceeding the amount allowed under this chapter, or prevent seizure or forfeiture if the basis for the action is unrelated to the cannabis that is possessed, manufactured, transferred, or used in accordance with this chapter.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-14 - Possession of or application for registry identification card not grounds for search.

34-20G-14. Possession of or application for registry identification card not grounds for search.
Possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-15 - Activity conducted in accordance with chapter lawful.

34-20G-15. Activity conducted in accordance with chapter lawful.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-16 - Enforcement of federal law by state law enforcement officers.

34-20G-16.Enforcement of federal law by state law enforcement officers.
No law enforcement officer employed by an agency that receives state or local government funds may expend any state or local resources, including the officer's time, to effect any arrest or seizure of cannabis, or conduct any investigation, on the sole basis of activity the officer believes to constitute a violation of the federal Controlled Substances Act, 21 U.S. C. § 801 et seq., if the officer has reason to believe that the activity is in compliance with this chapter. No officer may expend any state or local resources, including the officer's time, to provide any information or logistical support related to any activity to any federal law enforcement authority or prosecuting entity.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-17 - Contracts enforceable.

34-20G-17. Contracts enforceable.
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 activity related to cannabis is prohibited by federal law.
Source:
Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-18 - Unauthorized conduct.

34-20G-18. Unauthorized conduct.
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 professional malpractice;
(2)Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility;
(3)Smoking or vaping cannabis:
(a)On any form of public transportation;
(b)In any public place or any place that is open to the public; or
(c)If under the age of twenty-one;
(4)Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis; or
(5)Performing any safety-sensitive job under the influence of cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, §2.