44 : 90 : 04 : 04 . Co-location of medical cannabis establishments. A medical cannabis establishment shall have separate means of ingress and egress from any other medical cannabis establishment, except that multiple medical cannabis establishments with common ownership may be co-located if:

1. (1) The establishments have lockable, alarmed doors separating activities performed under different licenses;
2. (2) The door separating a dispensary from cultivation or product manufacturing activities remains locked when cardholders are present, and signs clearly state that entry is limited to employees and other authorized persons;
3. (3) The unit of local government allows the types of medical cannabis establishments requesting co-locations; and

4. (4) None of the following occurs:

   1. (a) A testing facility located in the same structure as any other cannabis establishment;
   2. (b) Extraction using ethanol, inherently hazardous substances, or compressed gas in the same structure in which a cannabis dispensary is located; or

   3. (c) Pesticides applied in the same structure in which a dispensary is located.

      This section shall not be interpreted to prohibit shared access from a parking lot, walkway, concourse, or other area generally open to the public as part of a shopping center or business park, if allowed by the unit of local government.

Source: 48 SDR 40, effective October 5, 2021.

General Authority: SDCL 34-20G-72 (5)(c)(d)(h).

Law Implemented: SDCL 34-20G-72 (5).