44 : 90 : 02 : 08 . Requirements for designated caregivers designated to cultivate cannabis. Only one person may cultivate cannabis on behalf of a patient, except that:

1. (1) A qualifying patient may share the designation with a designated caregiver who resides in the same dwelling; and

2. (2) Two parents or legal guardians of an age-restricted cardholder who reside in the same dwelling may share the designation.

   The entirety of a patient's cannabis must be cultivated in a single enclosed, locked facility.

   Two or more designated caregivers may not form a collective. Two or more designated caregivers may not cultivate cannabis in a single-unit building or in a unit of a multi-unit building, unless expressly permitted by SDCL chapter 34-20G.

   For purposes of this section, "collective" means two or more cardholders who physically assist each other in the act of cultivating or processing cannabis for medical use, except that the sharing of an enclosed, locked facility for cultivation by two or more cardholders in their own dwelling is not a collective.

Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022; 52 SDR 10, effective August 4, 2025.

General Authority: SDCL 34-20G-72 (4).

Law Implemented: SDCL 34-20G-1 (13), 34-20G-29 .

Prior versions effective: 2022-08-08, 2021-10-05.