§ 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-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 Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct
§ 34-20G-9 Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct
§ 34-20G-10 Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct
§ 34-20G-11 Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct
§ 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 Enforcement of federal law by state law enforcement officers
§ 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
§ 34-20G-23 Conflict with employer’s obligations or benefits under federal law
§ 34-20G-24 Ingestion of cannabis at workplace–Working under the influence of cannabis
§ 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 Petition to add serious medical condition or treatment to list of debilitating medical conditions–Department consideration–Judicial review
§ 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-29 Information required for issuance of registry identification cards–Fee
§ 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-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 Card void upon notice to department that patient no longer qualifies–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 Local government limitation on number of medical cannabis establishments
§ 34-20G-57 Renewal of medical cannabis establishment registration
§ 34-20G-58 Local government ordinances governing medical cannabis establishments
§ 34-20G-58.1 Municipal zoning–Medical cannabis establishments
§ 34-20G-59 Local government prohibition of dispensaries not permitted
§ 34-20G-60 Local licensing of medical cannabis establishments–Fee
§ 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–Collection–Packaging–Timing
§ 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 Conditions for dispensing cannabis
§ 34-20G-71 Limitations on amount of cannabis dispensed
§ 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 as misdemeanor
§ 34-20G-78.1 Certain conduct of entity–Misdemeanor
§ 34-20G-79 Breach of confidentiality of information as misdemeanor
§ 34-20G-80 Suspension or revocation of medical cannabis establishment registration certificate
§ 34-20G-81 Notice of suspension, revocation, or sanction–Notice of hearing–Duration of suspension
§ 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 Restrictions on data maintained by department
§ 34-20G-88 Permitted disclosure of data maintained by the department
§ 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
§ 34-20G-94 Annual report to the Legislature–Information excluded
§ 34-20G-95 Administration of medical cannabis to students
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Terms Used In South Dakota Codified Laws > Title 34 > Chapter 20G - Medical Cannabis

  • Arrest: Taking physical custody of a person by lawful authority.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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