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South Dakota Codified Laws
Title 34
Chapter 34-20G
S.D. Codified Laws ch. 34-20G
Medical Cannabis
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34-20G-1
Definitions.
34-20G-2
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.
34-20G-4
Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable.
34-20G-5
Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-5.1
Certification not authorized.
34-20G-5.2
Certification--Notification to primary or referring practitioner.
34-20G-6
Licensed professionals not subject to discipline for certain conduct.
34-20G-7
Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-8
Repealed
Repealed
34-20G-9
Repealed
Repealed
34-20G-10
Repealed
Repealed
34-20G-11
Repealed
Repealed
34-20G-12
Sale or donation of cannabis seeds to cultivation facility.
34-20G-13
Seizure or forfeiture of cannabis or related property.
34-20G-14
Possession of or application for registry identification card not grounds for search.
34-20G-15
Activity conducted in accordance with chapter lawful.
34-20G-16
Repealed
Repealed
34-20G-17
Contracts enforceable.
34-20G-18
Unauthorized conduct.
34-20G-19
Schools and landlords--Prohibited conduct.
34-20G-20
Qualifying patient not disqualified from medical care for cannabis use.
34-20G-21
Custody and visitation rights--Child neglect or endangerment.
34-20G-22
Employment and drug testing--Adverse action not prohibited for safety-sensitive position.
34-20G-23
Conflict with employer's obligations or benefits under federal law.
34-20G-24
Cannabis at workplace--Drug-free policy permitted--Safe harbor.
34-20G-25
Schools, landlords, and employers not to be penalized.
34-20G-25.1
Healthcare and accredited prevention or treatment facilities.
34-20G-26
Repealed
Repealed
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-28
Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted.
34-20G-28.1
Required notice--Federal firearms law.
34-20G-29
Information required for issuance of registry identification cards--Fee--Fee waiver for follow-up assessment.
34-20G-30
Submission of information by person responsible for medical decisions for qualifying patient.
34-20G-31
Department verification of information--Issuance of registry identification card--Verification system.
34-20G-32
Background check of designated caregiver.
34-20G-33
Issuance of registry identification card to patient under age 18--Conditions.
34-20G-34
Grounds for denial or nonrenewal of qualifying patient registry identification card.
34-20G-35
Grounds for denial of application or nonrenewal of designated caregiver.
34-20G-36
Notice--Denial or revocation.
34-20G-37
Judicial review of application denial or nonrenewal.
34-20G-38
Repealed
Repealed
34-20G-39
Repealed
Repealed
34-20G-40
Repealed
Repealed
34-20G-41
Repealed
Repealed
34-20G-42
Contents of registry identification cards.
34-20G-43
Expiration of registry identification card.
34-20G-44
Confidential list--Personal information.
34-20G-45
Secure phone or web-based verification system.
34-20G-46
Required notifications to department.
34-20G-47
Notifications by designated caregiver.
34-20G-48
Issuance of new registry identification card following required notification to department.
34-20G-49
End of debilitating condition--Registry card voided--Disposal of cannabis.
34-20G-50
Theft or loss of cannabis--Notice to department.
34-20G-51
Medical purpose defense.
34-20G-52
Proof of unavailability of defense to prosecution.
34-20G-53
Registry identification card not required to raise defense.
34-20G-54
Person using cannabis for medical purpose not subject to discipline or forfeiture.
34-20G-55
Application for medical cannabis establishment--Contents and conditions--Time for registration.
34-20G-56
County and municipality limitation on number of medical cannabis establishments.
34-20G-57
Medical cannabis establishment registration--Renewal.
34-20G-58
Local ordinances on medical cannabis establishments--Jurisdiction--Civil penalty.
34-20G-58.1
Repealed
Repealed
34-20G-59
Local government prohibition of dispensaries not permitted.
34-20G-60
Repealed
Repealed
34-20G-61
Criminal background check of medical cannabis establishment officers, employees, and volunteers.
34-20G-62
Employment restrictions on medical cannabis establishments.
34-20G-63
Medical cannabis establishment procedures for oversight and record keeping.
34-20G-64
Medical cannabis establishment security measures.
34-20G-65
Cultivation, harvesting, manufacturing, and packaging of cannabis.
34-20G-65.1
Test samples of cannabis or cannabis products.
34-20G-66
Production of cannabis products.
34-20G-67
Sharing office space and patient referrals to practitioners prohibited.
34-20G-68
Consumption of cannabis on medical cannabis establishment property prohibited.
34-20G-69
Inspection of medical cannabis establishments.
34-20G-70
Cannabis dispensed--Conditions.
34-20G-71
Cannabis dispensed--Confidential record.
34-20G-72
Promulgation of rules--Violation of required or prohibited action as misdemeanor.
34-20G-73
Civil penalty for failure to provide required notice.
34-20G-74
Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification.
34-20G-75
Intentional cannabis sale or transfer by cardholder to unauthorized person as felony.
34-20G-76
False statement to law enforcement official about medical use of cannabis as misdemeanor.
34-20G-77
Knowing submission of false records or documents to certify medical cannabis establishment as felony.
34-20G-78
Certain conduct of practitioner--Misdemeanor.
34-20G-78.1
Certain conduct of entity--Misdemeanor.
34-20G-78.2
Financial relationship with clinic--Referral prohibited--Exceptions--Penalty.
34-20G-79
Breach of confidentiality of information as misdemeanor.
34-20G-80
Medical cannabis establishment registration--Probation, fine, suspension, or revocation.
34-20G-81
Notice of probation, fine, suspension, or revocation.
34-20G-82
Permitted and prohibited conduct during suspension.
34-20G-83
Revocation of registry identification card for cannabis sale to unauthorized person--Disqualification.
34-20G-84
Revocation of registry identification card for multiple or serious violations.
34-20G-85
Judicial review of revocation.
34-20G-86
Confidential data.
34-20G-87
Data maintained by department--Limited use--Exception.
34-20G-88
Data maintained by department--Grounds for disclosure.
34-20G-88.1
Reporting--Prescription drug monitoring program.
34-20G-89
Cardholder data maintainable by establishment limited--Authorization to maintain PII.
34-20G-90
Cardholder's request for department to confirm cardholder status to others.
34-20G-91
Destruction of unused media containing cardholder information.
34-20G-92
Oversight committee--Membership.
34-20G-92.1
Oversight committee--Leadership.
34-20G-93
Oversight committee--Duties--Input.
34-20G-94
Repealed
Repealed
34-20G-95
Administration of medical cannabis to students.
34-20G-96
Probationer or parolee use--Practitioner attestation.