South Dakota Cannabis Law

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A Guide to South Dakota Cannabis Laws

How can I access medical cannabis?

Any sale or purchase of medical cannabis must comply with SDCL 34-20G and ARSD 44:90. Any sale or purchase of cannabis outside of the regulated medical cannabis establishments is illegal.

What are the qualifying conditions to become a medical cannabis patient?

  • Under the new law passed by the voters, a condition that allows a patient to use medical cannabis must be a “debilitating medical condition,” which is defined by SDCL 34-20G-1 as “a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis”.

What is the process to apply for a medical cannabis card?

  • ARSD 44:90:02 establishes the requirements for applying for a medical cannabis card including:
    • A photocopy of an unexpired form of identification (e.g., driver’s license, passport, US government-issued ID card, tribal ID card, student ID card);
  • A passport-quality photo; and
    • A $75 fee. Low-income individuals (those with gross monthly household income <130% of the federal poverty level) can request a reduced fee by providing documentation of household income.
  • Applications for a medical cannabis card cannot be processed until the South Dakota Medical Cannabis Program receives the certification for medical cannabis use by the patient’s physician.

Who provides the certification for a medical cannabis patient?

  • A physician, physician assistant, or advanced practice registered nurse, who is licensed with authority to prescribe drugs to humans. In relation to a nonresident cardholder, the term means a person who is licensed with authority to prescribe drugs to humans in the state of the patient’s residence.

Is there a list of practitioners that will provide a certification for medical cannabis use?

  • No, the South Dakota Medical Cannabis Program does not maintain a list of practitioners who will provide a certification for medical cannabis use.

Can a medical cannabis patient have a designated caregiver?

  • Yes, so long as the designated caregiver:
  • Is at least twenty-one years of age;
  • Has agreed to assist with a qualifying patient’s medical use of cannabis;
  • Has not been convicted of a disqualifying felony offense; and
  • Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver’s qualifying patients each reside in or are admitted to a health care facility or residential care facility where the designated caregiver is employed.

What do I need to be able to grow cannabis plants in my home?

  • As part of the application process to obtain a registry identification card for the South Dakota Medical Cannabis Program, applicants may also apply to cultivate no more than two flowering cannabis plants and two cannabis plants that are not flowering plants in their home.

What kind of business registrations will be available for medical cannabis establishments?

  • SDCL 34-20G establishes the following registration types: cultivator, manufacturer, dispensary, and testing. Collectively these are referred to as establishments.

Qualifying Conditions

  • AIDS/HIV
  • Amyotrophic lateral sclerosis (ALS)
  • Multiple sclerosis
  • Cancer associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting
  • Crohn’s disease
  • Epilepsy and seizures
  • Glaucoma
  • Post-Traumatic Stress Disorder (PTSD)
  • Other medical condition or its treatment may be added by the Department of Health

Patient Possession Limits

  • Medical marijuana patients may possess up to three ounces of cannabis including other allowable products. Specifics to be determined within 120 days on the bill coming into effect.

Home Cultivation

  • Up to three plants. In certain circumstances, a physician may authorize a patients to cultivate greater quantities.

In South Dakota, marijuana is legal for medical use

  • Recreational marijuana is illegal in South Dakota. Possession of more than 2 oz of marijuana, or any hash or concentrates, is a felony. Fines and incarceration depend on the amount of marijuana possessed.[9]
  • Possession of under 2 oz of marijuana is a Class 1 misdemeanor offense, and can result in up to one year in prison or a $2,000 fine.[9]
  • Possession of between 2 oz and ½ lb of marijuana is a Class 6 felony offense, and can result in up to 1 year in prison or a $4,000 fine.[9]
  • Possession of between ½ lb and 1 lb of marijuana is a Class 5 felony offense, and can result in up to 5 years in prison or a $10,000 fine.[9]
  • Possession of between 1 lb and 10 lbs of marijuana is a Class 4 felony offense, and can result in up to 10 years in prison or a $20,000 fine.[9]
  • Possession of more than 10 lbs of marijuana is a Class 3 felony offense, and can result in up to 15 years in prison or a $30,000 fine.[9]
  • Possession or sale of any hash or concentrates can result in up to a $20,000 or 10 years in prison.

South Dakota Cannabis Advertising and Marketing Guide

  • Restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary, listings in business directories including phone books, listings in marijuana-related or medical publications, or the sponsorship of health or not-for- profit charity or advocacy events;

South Dakota Cannabis Tax Guide

  • Adult use retail: The validity of recreational legalization bill Amendment A, which South Dakota voters passed in November, is currently being debated in the South Dakota courts. If the bill does go into effect, adult-use sales will be subject to a 15% marijuana excise tax, in addition to the statewide 4.5% sales tax.
  • Medical marijuana: South Dakota voted to legalize medical marijuana in Nov. 2020. When the initiative is enacted, medical marijuana sales will not be taxed.

https://www.sdlegislature.gov/Statutes/Codified_Laws/2078845

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