South Dakota Codified Laws 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
Terms Used In South Dakota Codified Laws 34-20G-33
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Medical use: includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. See South Dakota Codified Laws 34-20G-1
(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.