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;

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

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Terms Used In South Dakota Codified Laws 34-20G-78

  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(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.