reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-19 - Schools and landlords--Prohibited conduct.

34-20G-19. Schools and landlords--Prohibited conduct.
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 lose a monetary or licensing-related benefit under federal law or regulation. This section does not prevent a landlord from imposing reasonable restrictions on the medical use of cannabis by a cardholder who resides at the landlord's property.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 122, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-20 - Qualifying patient not disqualified from medical care for cannabis use.

34-20G-20. Qualifying patient not disqualified from medical care for cannabis use.
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 not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.
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-21 - Custody and visitation rights--Child neglect or endangerment.

34-20G-21. Custody and visitation rights--Child neglect or endangerment.
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 unreasonable danger to the safety of the minor. Nothing in this chapter supersedes or otherwise affects custody decisions, visitation rights, or parenting time based upon the best interests of the child.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 123, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-22 - Employment and drug testing.

34-20G-22. Employment and drug testing.
Except as provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to:
(1)Any interaction with a person's employer;
(2)Drug testing by a person's employer; or
(3)Drug testing required by any state or local law, agency, or government official.
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-23 - Conflict with employer's obligations or benefits under federal law.

34-20G-23. Conflict with employer's obligations or benefits under federal law.
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 federal law or regulation.
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-24 - Ingestion of cannabis at workplace--Working under the influence of cannabis.

34-20G-24. Ingestion of cannabis at workplace--Working under the influence of cannabis.
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 policy that may include a drug testing program that complies with state and federal law and acting with respect to an applicant or employee under the policy.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-25 - Schools, landlords, and employers not to be penalized.

34-20G-25. Schools, landlords, and employers not to be penalized.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-25.1 - Healthcare and accredited prevention or treatment facilities.

34-20G-25.1. Healthcare and accredited prevention or treatment facilities.
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 provider, as defined in §27B-1-17, may adopt restrictions on the use of medical cannabis by a cardholder who resides at, is actively receiving treatment or care from, or is visiting the facility. The restrictions may include a provision that the facility will not store or maintain the cardholder's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for cardholders, and that the medical cannabis be used only in a place specified by the facility. Nothing in this section requires a facility to adopt such restrictions or requires a facility to allow the consumption of medical cannabis on the grounds of the facility.
No employee or agent of a facility may be 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 for possession of medical cannabis while carrying out employment duties, including providing or supervising care to a cardholder, or distribution of medical cannabis to a cardholder who resides at or is actively receiving treatment or care at the facility with which the employee or agent is affiliated.
Source: SL 2022, ch 117, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-26 - Petition to add serious medical condition or treatment to list of debilitating medical conditions--Department consideration--Judicial review.

34-20G-26. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 122, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-27 - Cost reimbursement, permission to smoke or vape cannabis on property, permission to cultivate on rental property, permission to allow conduct related to medical cannabis in public buildings not required.

34-20G-27. Cost reimbursement, permission to smoke or vape cannabis on property, permission to cultivate on rental property, permission to allow conduct related to medical cannabis in public buildings not required.
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 cannabis;
(2)Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke or vape cannabis on or in that property;
(3)A landlord to allow the cultivation of cannabis on the rental property; or
(4)A state or local government to allow any conduct otherwise permitted by this chapter within a building owned, leased, or occupied by the state or local government.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 124, §1; SL 2022, ch 125, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-28 - Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted.

34-20G-28. Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-29 - Information required for issuance of registry identification cards--Fee.

34-20G-29. Information required for issuance of registry identification cards--Fee--Fee waiver for follow-up assessment.
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 application;
(2)The application or renewal fee;
(3)The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;
(4)The name, address, and telephone number of the qualifying patient's practitioner;
(5)The name, address, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient;
(6)If more than one designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers are needed due to the patient's age or medical condition;
(7)The name of no more than two dispensaries that the qualifying patient designates, if any; and
(8)If the qualifying patient designates a designated caregiver, a designation as to whether the qualifying patient or designated caregiver will be allowed under state law to possess and cultivate cannabis plants for the qualifying patient's medical use.
When a practitioner conducts a follow-up assessment with a patient, within sixty days of issuing the patient a written certification, and the purpose of the follow-up assessment is to assess the patient's response to the use of medical cannabis and to determine whether to issue the patient a second written certification, the fee required under subdivision (2) is waived, if the patient reapplies for the second registry identification card. A patient may only receive one fee waiver under this section per calendar year.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 121, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-30 - Submission of information by person responsible for medical decisions for qualifying patient.

34-20G-30. Submission of information by person responsible for medical decisions for qualifying patient.
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 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-31 - Department verification of information--Issuance of registry identification card--Verification system.

34-20G-31. Department verification of information--Issuance of registry identification card--Verification system.
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 application;
(2)Issue registry identification cards to a qualifying patient and to a qualifying patient's designated caregivers, if any, within five days of approving the application or renewal. A designated caregiver shall have a registry identification card for each of the qualifying patients; and
(3)Enter the registry identification number of any dispensary the patient designates into the verification system.
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-32 - Background check of designated caregiver.

34-20G-32. Background check of designated caregiver.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-33 - Issuance of registry identification card to patient under age 18--Conditions.

34-20G-33. Issuance of registry identification card to patient under age 18--Conditions.
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 legal guardian with responsibility for health care decisions for the qualifying patient; and
(2)The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:
(a)Allow the qualifying patient's medical use of cannabis;
(b)Serve as the qualifying patient's designated caregiver; and
(c)Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient.
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-34 - Grounds for denial or nonrenewal of qualifying patient registry identification card.

34-20G-34. Grounds for denial or nonrenewal of qualifying patient registry identification card.
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 in §34-20G-1;
(3)Previously had a registry identification card revoked; or
(4)Provided false information.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 126, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-35 - Grounds for denial of application or nonrenewal of designated caregiver.

34-20G-35. Grounds for denial of application or nonrenewal of designated caregiver.
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 applicant does not provide the information required;
(3)The designated caregiver previously had a registry identification card revoked; or
(4)The applicant or the designated caregiver provide false information.
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-36 - Notice--Denial or revocation.

34-20G-36. Notice--Denial or revocation.
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 patient or the qualifying patient's designated caregiver.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-37 - Judicial review of application denial or nonrenewal.

34-20G-37. Judicial review of application denial or nonrenewal.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-42 - Contents of registry identification cards.

34-20G-42. Contents of registry identification cards.
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)A random ten-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder;
(5)If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist;
(6)A clear indication of whether the cardholder has been designated to cultivate cannabis plants for the qualifying patient's medical use;
(7)A photograph of the cardholder; and
(8)The phone number or website address where the card can be verified.
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-43 - Expiration of registry identification card.

34-20G-43. Expiration of registry identification card.
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 Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 118, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-44 - Confidential list--Personal information.

34-20G-44. Confidential list--Personal information.
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 qualifying patient's parent or legal guardian if the patient is under age eighteen.
The list may not be combined or linked in any manner with any other list or database, nor may it be used for any purpose not provided for in this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 129, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-45 - Secure phone or web-based verification system.

34-20G-45. Secure phone or web-based verification system.
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 determine whether the number corresponds with a current, valid registry identification card. The system may disclose only:
(1)Whether the identification card is valid;
(2)The name of the cardholder;
(3)Whether the cardholder is a qualifying patient or a designated caregiver;
(4)Whether the cardholder is permitted to cultivate cannabis plants;
(5)The registry identification number of any affiliated registered qualifying patient; and
(6)The registry identification of the qualifying patient's dispensary or dispensaries, if any.
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-46 - Required notifications to department.

34-20G-46. Required notifications to department.
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 designated caregiver shall notify the department of any change in the caregiver’s name or address, or if the caregiver becomes aware the qualifying patient passed away, within ten days of the change;
(3)Before a registered qualifying patient changes a designated caregiver, the patient shall notify the department;
(4)If a registered qualifying patient changes a preference as to who may cultivate cannabis for the patient, the patient shall notify the department;
(5)If a cardholder loses a registry identification card, the cardholder shall notify the department within ten days of becoming aware the card has been lost; and
(6)Before a registered qualifying patient changes a designated dispensary, the patient shall notify the department.
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-47 - Notifications by designated caregiver.

34-20G-47. Notifications by designated caregiver.
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 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-48 - Issuance of new registry identification card following required notification to department.

34-20G-48. Issuance of new registry identification card following required notification to department.
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 receiving the updated information and a twenty dollar fee. If the person notifying the department is a registered qualifying patient, the department shall also issue the patient's registered designated caregiver, if any, a new registry identification card within ten days of receiving the updated information.
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-49 - Card void upon notice to department that patient no longer qualifies--Disposal of cannabis.

34-20G-49. Card void upon notice to department that patient no longer qualifies--Disposal of cannabis.
If the registered qualifying patient's certifying practitioner notifies the department in writing that the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of cannabis, the card is void. However, the registered qualifying patient shall have fifteen days to dispose of or give away any cannabis in the registered qualifying patient's possession.
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-50 - Theft or loss of cannabis--Notice to department.

34-20G-50. Theft or loss of cannabis--Notice to department.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-51 - Medical purpose defense.

34-20G-51. Medical purpose defense.
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, two flowering cannabis plants, two cannabis plants that are not flowering, 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; SL 2022, ch 119, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-58.1 - Municipal zoning--Medical cannabis establishments.

34-20G-58.1. Municipal zoning--Medical cannabis establishments.
For purposes of this chapter, any municipality that has not enacted a zoning ordinance pursuant to title 11 governing the location of medical cannabis establishments may enact an ordinance to regulate the place of operation of any cannabis-related establishment under this section.
A municipality may prohibit the location of a medical cannabis establishment in an area in a sensitive land use area and may establish reasonable setbacks. For purposes of this section, a sensitive land use area includes churches, schools, day cares, public service and recreation facilities, places frequented by people under age twenty-one, and parks.
A municipality may require a minimum distance between cannabis-related establishments.
Source: SL 2022, ch 130, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-65.1 - Test samples of cannabis or cannabis products--Collection--Packaging--Timing.

34-20G-65.1. Test samples of cannabis or cannabis products--Collection--Packaging--Timing.
A sample of cannabis or cannabis products submitted to a testing facility must be collected by a designated representative of the testing facility. Testing is only required for cannabis and cannabis products intended for retail sale to a cardholder or nonresident cardholder.
Source: SL 2022, ch 131, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 verify that the registry identification card or registration presented to the dispensary is valid;
(2)Shall verify the identity of the person by requiring the person to present a valid photographic identification document issued by this state, another state, tribe, or the federal government;
(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 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; SL 2022, ch 132, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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--Misdemeanor.
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 certifications while holding a financial interest in a medical cannabis establishment;
(4)Offers a discount, deal, or other financial incentive for making an appointment with the practitioner for the purpose of receiving a written certification;
(5)Conducts the medical assessment required for a bona fide practitioner-patient relationship in a space licensed for the sale of alcoholic beverages; or
(6)Charges a patient based on the term of a written certification issued to the patient.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 123, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-78.1 - Certain conduct of entity--Misdemeanor.

34-20G-78.1. Certain conduct of entity--Misdemeanor.
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 of a written certification issued to the patient.
Source: SL 2023, ch 123, §2.
2023 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.