Allow a local government to prevent a medical cannabis establishment from operating in its jurisdiction.
Impact
The bill specifically alters § 34-20G-58 and repeals § 34-20G-59 of South Dakota legislation, which previously prevented local governments from prohibiting dispensaries outright. Under HB1095, communities can now take a decisive stance on medical cannabis, potentially leading to varied regulations across the state. This shift is significant as it empowers local governments to address concerns regarding medical cannabis that are unique to their populations, thereby potentially reflecting community standards and preferences more accurately.
Summary
House Bill 1095 allows local governments in South Dakota to establish ordinances that can either regulate or prohibit the operation of medical cannabis establishments within their jurisdictions. This bill amends existing laws to grant more power to local authorities regarding their stances on medical cannabis, permitting them to enact regulations concerning the number, timing, and location of such establishments, or to entirely ban them if desired. This change is aimed at providing local control over cannabis establishments, reflecting the diverse views and needs of different communities in the state.
Contention
The introduction of HB1095 has led to discussions about the balance of power between state and local governance regarding health-related issues. Supporters argue that local control is essential for addressing specific community concerns about medical cannabis. However, opponents may contend that such local ordinances could create inconsistency and confusion for those seeking medical cannabis services within the state. The debates surrounding this bill highlight the broader implications of local autonomy versus uniformity in state law concerning public health and safety.
Establish procedures for the imposition of fines and probation against medical cannabis establishments, increase the allowable fee for a medical cannabis establishment registration certificate, and direct the Department of Health to promulgate rules to increase the fee for a registration certificate.