South Dakota 2025 Regular Session

South Dakota House Bill HB1055 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.420.14 100th Legislative Session 1055
2	2
3	3
4	4	2025 South Dakota Legislature
5	5	House Bill 1055
6	6
7	7
8	8
9	9
10	10
11	11
12	12	Introduced by: Representative Novstrup
13	13
14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to modify medical cannabis certification requirements. 1
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18	18	Section 1. That § 34-20G-1 be AMENDED: 3
19	19	34-20G-1. Terms used in this chapter mean: 4
20	20	(1) "Allowable amount of cannabis,": 5
21	21	(a) Three ounces of cannabis or less; 6
22	22	(b) The quantity of cannabis products as established by rules promulgated by 7
23	23	the department under § 34-20G-72; 8
24	24	(c) If the cardholder has a registry identification card allowing cultivation, two 9
25	25	flowering cannabis plants and two cannabis plants that are not flowering; 10
26	26	and 11
27	27	(d) If the cardholder has a registry identification card allowing cultivation, the 12
28	28	amount of cannabis and cannabis products that were produced from the 13
29	29	cardholder's allowable plants, if the cannabis and cannabis products are 14
30	30	possessed at the same property where the plants were cultivated; 15
31	31	(2) "Bona fide practitioner-patient relationship," a treatment or consulting relationship 16
32	32	between a practitioner and patient, during which: 17
33	33	(a) The practitioner completes, at the initial visit, an assessment of the patient's 18
34	34	medical history and current medical condition, including an appropriate in-19
35	35	person physical examination; 20
36	36	(b) The patient is under the practitioner's care for the debilitating medical 21
37	37	condition that qualifies the patient for the medical use of cannabis or has 22
38	38	been referred by the practitioner caring for the patient's debilitating medical 23
39	39	condition that qualifies the patient for the medical use of cannabis to 24
40	40	another practitioner; 25 25.420.14 2 1055
41	41	Underscores indicate new language.
42	42	Overstrikes indicate deleted language.
43	43	(c) The patient has a reasonable expectation that the practitioner providing the 1
44	44	written certification will continue to provide follow-up care to the patient to 2
45	45	monitor the medical use of cannabis; and 3
46	46	(d) The relationship is not for the sole purpose of providing a written 4
47	47	certification for the medical use of cannabis unless the patient has been 5
48	48	referred by a practitioner providing care for the debilitating medical 6
49	49	condition that qualifies the patient for the medical use of cannabis; 7
50	50	(3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products 8
51	51	that are infused with cannabis or an extract thereof, and are intended for use or 9
52	52	consumption by humans. The term includes edible cannabis products, beverages, 10
53	53	topical products, ointments, oils, and tinctures; 11
54	54	(4)(3) "Cannabis product manufacturing facility," an entity registered with the 12
55	55	department pursuant to this chapter that acquires, possesses, manufactures, 13
56	56	delivers, transfers, transports, supplies, or sells cannabis products to a medical 14
57	57	cannabis dispensary; 15
58	58	(5)(4) "Cannabis testing facility" or "testing facility," an independent entity registered 16
59	59	with the department pursuant to this chapter to analyze the safety and potency of 17
60	60	cannabis; 18
61	61	(6)(5) "Cardholder," a qualifying patient or a designated caregiver who has been issued 19
62	62	and possesses a valid registry identification card; 20
63	63	(6) "Certification," a printed or electronic authorization that is provided to or for a 21
64	64	qualifying patient, by a practitioner, and for purposes of this chapter meets the 22
65	65	requirements set forth in section 3 of this Act; 23
66	66	(7) "Cultivation facility," an entity registered with the department pursuant to this 24
67	67	chapter that acquires, possesses, cultivates, delivers, transfers, transports, 25
68	68	supplies, or sells cannabis and related supplies to a medical cannabis 26
69	69	establishment; 27
70	70	(8) "Debilitating medical condition,": 28
71	71	(a) A chronic or debilitating disease or medical condition or its treatment that 29
72	72	produces one or more of the following: cachexia or wasting syndrome; 30
73	73	severe, debilitating pain; severe nausea, except nausea associated with 31
74	74	pregnancy; seizures; or severe and persistent muscle spasms; 32
75	75	(b) Acquired immune deficiency syndrome or positive status for human 33
76	76	immunodeficiency virus; 34
77	77	(c) Amyotrophic lateral sclerosis; 35 25.420.14 3 1055
78	78	Underscores indicate new language.
79	79	Overstrikes indicate deleted language.
80	80	(d) Multiple sclerosis; 1
81	81	(e) Cancer or its treatment, if associated with severe or chronic pain, nausea 2
82	82	or severe vomiting, or cachexia or severe wasting; 3
83	83	(f) Crohn's disease; 4
84	84	(g) Epilepsy and seizures; or 5
85	85	(h) Post-traumatic stress disorder; 6
86	86	(9) "Department," the Department of Health; 7
87	87	(10) "Designated caregiver," an individual who: 8
88	88	(a) Is at least twenty-one years of age; 9
89	89	(b) Has agreed to assist with a qualifying patient's medical use of cannabis; 10
90	90	(c) Has not been convicted of a disqualifying felony offense; and 11
91	91	(d) Assists no more than five qualifying patients with the medical use of 12
92	92	cannabis, unless the designated caregiver's qualifying patients each reside 13
93	93	in or are admitted to a health care facility, as defined in § 34-12-1.1, an 14
94	94	accredited prevention or treatment facility, as defined in § 34-20A-2, a 15
95	95	mental health center, as defined in § 27A-1-1, a child welfare agency, as 16
96	96	defined in § 26-6-1, or a community support provider or community 17
97	97	services provider, as defined in § 27B-1-17, where the designated caregiver 18
98	98	is employed; 19
99	99	(11) "Disqualifying felony offense," a violent crime that was classified as a felony in the 20
100	100	jurisdiction where the person was convicted; 21
101	101	(12) "Edible cannabis products," any product that: 22
102	102	(a) Contains or is infused with cannabis or an extract thereof; 23
103	103	(b) Is intended for human consumption by oral ingestion; and 24
104	104	(c) Is presented in the form of foodstuffs, beverages, oils, tinctures, or other 25
105	105	similar products; 26
106	106	(13) "Enclosed, locked facility," any closet, room, greenhouse, building, or other 27
107	107	enclosed area that is equipped with locks or other security devices that permit 28
108	108	access only by a cardholder or a person allowed to cultivate the plants. Two or 29
109	109	more cardholders who reside in the same dwelling may share one enclosed, locked 30
110	110	facility for cultivation; 31
111	111	(14) "Flowering cannabis plant," the reproductive state of the cannabis plant in which 32
112	112	the plant shows physical signs of flower budding out of the nodes of the stem; 33
113	113	(15) "Medical cannabis" or "cannabis," marijuana as defined in § 22-42-1; 34 25.420.14 4 1055
114	114	Underscores indicate new language.
115	115	Overstrikes indicate deleted language.
116	116	(16) "Medical cannabis dispensary" or "dispensary," an entity registered with the 1
117	117	department pursuant to this chapter that acquires, possesses, stores, delivers, 2
118	118	transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, 3
119	119	paraphernalia, or related supplies and educational materials to cardholders; 4
120	120	(17) "Medical cannabis establishment," a cultivation facility, a cannabis testing facility, 5
121	121	a cannabis product manufacturing facility, or a dispensary; 6
122	122	(18) "Medical cannabis establishment agent," an owner, officer, board member, 7
123	123	employee, or volunteer at a medical cannabis establishment; 8
124	124	(19) "Medical use," includes the acquisition, administration, cultivation, manufacture, 9
125	125	delivery, harvest, possession, preparation, transfer, transportation, or use of 10
126	126	cannabis or paraphernalia relating to the administration of cannabis to treat or 11
127	127	alleviate a registered qualifying patient's debilitating medical condition or symptom 12
128	128	associated with the patient's debilitating medical condition. The term does not 13
129	129	include: 14
130	130	(a) The cultivation of cannabis by a nonresident cardholder; 15
131	131	(b) The cultivation of cannabis by a cardholder who is not designated as being 16
132	132	allowed to cultivate on the cardholder's registry identification card; or 17
133	133	(c) The extraction of resin from cannabis by solvent extraction unless the 18
134	134	extraction is done by a cannabis product manufacturing facility; 19
135	135	(20) "Nonresident cardholder," a person who: 20
136	136	(a) Has been diagnosed with a debilitating medical condition, or is the parent, 21
137	137	guardian, conservator, or other person with authority to consent to the 22
138	138	medical treatment of a person who has been diagnosed with a debilitating 23
139	139	medical condition; 24
140	140	(b) Is not a resident of this state or who has been a resident of this state for 25
141	141	fewer than forty-five days; 26
142	142	(c) Was issued a currently valid registry identification card or its equivalent by 27
143	143	another state, district, territory, commonwealth, insular possession of the 28
144	144	United States, or country recognized by the United States that allows the 29
145	145	person to use cannabis for medical purposes in the jurisdiction of issuance; 30
146	146	and 31
147	147	(d) Has submitted any documentation required by the department, and has 32
148	148	received confirmation of registration; 33
149	149	(21) "Practitioner," a physician, physician assistant, or advanced practice registered 34
150	150	nurse, who is licensed with authority to prescribe drugs to humans. In relation to 35 25.420.14 5 1055
151	151	Underscores indicate new language.
152	152	Overstrikes indicate deleted language.
153	153	a nonresident cardholder, the term means a person who is licensed with authority 1
154	154	to prescribe drugs to humans in the state of the patient's residence; 2
155	155	(22) "Qualifying patient," a person who has been diagnosed by a practitioner as having 3
156	156	a debilitating medical condition; 4
157	157	(23) "Registry identification card," a document issued by the department that identifies 5
158	158	a person as a registered qualifying patient or registered designated caregiver, or 6
159	159	documentation that is deemed a registry identification card pursuant to §§ 34-20G-7
160	160	29 to 34-20G-42, inclusive; 8
161	161	(24) "Safety-sensitive job," any position with tasks or duties that an employer 9
162	162	reasonably believes could: 10
163	163	(a) Cause the illness, injury, or death of an individual; or 11
164	164	(b) Result in serious property damage; and 12
165	165	(25) "Under the influence of cannabis," any abnormal mental or physical condition that 13
166	166	tends to deprive a person of clearness of intellect and control that the person would 14
167	167	otherwise possess, as the result of consuming any degree of cannabis or cannabis 15
168	168	products; and 16
169	169	(26) "Written certification," a document dated and signed by a practitioner: 17
170	170	(a) Stating that the patient has a qualifying debilitating medical condition or 18
171	171	symptom associated with the debilitating medical condition; 19
172	172	(b) Affirming that the document is made in the course of a bona fide 20
173	173	practitioner-patient relationship; 21
174	174	(c) Specifying the qualifying patient's debilitating medical condition; and 22
175	175	(d) Specifying the expiration date of the qualifying patient's written 23
176	176	certification, pursuant to § 34-20G-43; and 24
177	177	(e) Specifying whether the practitioner has previously issued the patient a 25
178	178	written certification and the date of that written certification. 26
179	179	Section 2. That chapter 34-20G be amended with a NEW SECTION: 27
180	180	Except as otherwise provided in this section, a bona fide practitioner -patient 28
181	181	relationship must exist before a practitioner may issue a certification to the patient. For 29
182	182	purposes of this chapter, a bona fide practitioner-patient relationship exists if: 30
183	183	(1) The practitioner is the patient's primary care provider; 31
184	184	(2) The practitioner is a board-certified physician, physician assistant, or advanced 32
185	185	practice registered nurse, specializing in the provision of care and treatment for a 33
186	186	debilitating medical condition with which the patient has been diagnosed; or 34 25.420.14 6 1055
187	187	Underscores indicate new language.
188	188	Overstrikes indicate deleted language.
189	189	(3) The practitioner is an individual to whom the patient was referred by: 1
190	190	(a) The patient's primary care provider; or 2
191	191	(b) A physician, physician assistant, or advanced practice nurse, meeting the 3
192	192	requirements of subdivision (2). 4
193	193	A bona fide practitioner-patient relationship does not exist if it is for the sole 5
194	194	purpose of providing a certification, unless the patient has been referred to the practitioner 6
195	195	in accordance with subdivision (3) of this section. 7
196	196	A bona fide practitioner-patient relationship is not required if the patient receives 8
197	197	health care through the United States Department of Veterans Affairs. 9
198	198	Section 3. That chapter 34-20G be amended with a NEW SECTION: 10
199	199	A certification issued in accordance with this chapter must: 11
200	200	(1) Identify the patient's debilitating medical condition; 12
201	201	(2) Affirm the existence of a bona fide practitioner-patient relationship, as required by 13
202	202	section 2 of this Act, and 14
203	203	(a) Specify the criteria under which the relationship exists; or 15
204	204	(b) Affirm that the patient is exempt from the requirement because the patient 16
205	205	receives health care through the United States Department of Veterans 17
206	206	Affairs and include the name and contact information of the provider; 18
207	207	(3) Affirm that the practitioner has assessed the patient's medical history, conducted 19
208	208	an in-person physical examination of the patient, and assessed the patient's 20
209	209	current medical condition; 21
210	210	(4) Affirm that the practitioner has, based on the patient's medical history and 22
211	211	condition, evaluated and discussed with the patient: 23
212	212	(a) Any precautions and contraindications for the use of medical cannabis; 24
213	213	(b) Appropriate methods of administration; 25
214	214	(c) Tolerability and recommended dosage; and 26
215	215	(d) A monitoring strategy; 27
216	216	(5) Indicate whether the certification is an initial or a renewed certification; 28
217	217	(6) Indicate the date on which the certification expires, in accordance with § 34-20G-29
218	218	43; and 30
219	219	(7) Indicate whether the patient has been referred by another practitioner and, if so, 31
220	220	provide the name and contact information of the referring practitioner. 32
221	221	If the secretary of the Department of Health has reason to believe that a 33
222	222	practitioner has issued a certification in violation of this section, the secretary must notify 34 25.420.14 7 1055
223	223	Underscores indicate new language.
224	224	Overstrikes indicate deleted language.
225	225	the practitioner's professional licensing board. Upon receiving a notification from the 1
226	226	secretary, the board shall initiate an investigation and determine whether the 2
227	227	practitioner's act or omission requires disciplinary action. 3
228	228	Section 4. That § 34-20G-5 be AMENDED: 4
229	229	34-20G-5. NoExcept as otherwise provided in this section, a practitioner is subject 5
230	230	to arrest, prosecution, or penalty of any kind, or may not be arrested, prosecuted, 6
231	231	penalized, denied any right or privilege, including subjected to a civil penalty, or subjected 7
232	232	to disciplinary action by the South Dakota Board of Medical and Osteopathic Examiners or 8
233	233	by any other occupational or a professional licensing board or bureau, solely for providing 9
234	234	written certifications a certification, in accordance with the requirements of this chapter, 10
235	235	or for otherwise stating that, in the practitioner's professional opinion, a patient is likely 11
236	236	to receive therapeutic or palliative benefit from the medical use of cannabis to treat or 12
237	237	alleviate the patient's serious or debilitating medical condition or symptoms to treat or 13
238	238	alleviate any symptom associated with the serious or debilitating medical condition. 14
239	239	Nothing in this chapter prevents a practitioner from being sanctioned subject to 15
240	240	disciplinary action by a professional licensing board for: 16
241	241	(1) Issuing a written certification to a patient with whom the practitioner does not have 17
242	242	without having a bona fide practitioner-patient relationship; or 18
243	243	(2) Failing to properly evaluate a patient's medical condition, as described in section 3 19
244	244	of this Act. 20
245	245	Section 5. That § 34-20G-5.1 be AMENDED: 21
246	246	34-20G-5.1. Nothing in this chapter authorizes a practitioner to provide a written 22
247	247	certification to a patient who is pregnant or breastfeeding. 23
248	248	Section 6. That § 34-20G-5.2 be AMENDED: 24
249	249	34-20G-5.2. If a practitioner who is not a patient's primary care provider issues 25
250	250	a written certification under this chapter, and if the practitioner is neither the patient's 26
251	251	primary care provider nor a specialty provider caring for the patient's debilitating medical 27
252	252	condition, the practitioner shall must, upon issuing the certification, provide electronic 28
253	253	notification of the issuance: 29
254	254	(1) To to the patient's primary care provider; or 30 25.420.14 8 1055
255	255	Underscores indicate new language.
256	256	Overstrikes indicate deleted language.
257	257	(2) To the referring practitioner, if that individual is caring for the patient's debilitating 1
258	258	medical condition. 2
259	259	The patient's primary care provider or the referring practitioner shall include any 3
260	260	notification received in accordance with this section in the patient's medical file. 4
261	261	Section 7. That § 34-20G-29 be AMENDED: 5
262	262	34-20G-29. The department shall issue a registry identification card to a qualifying 6
263	263	patient who submits the following, in accordance with rules promulgated by the 7
264	264	department under chapter 1-26, submits: 8
265	265	(1) A written certification issued that meets the requirements of section 3 of this Act 9
266	266	and is: 10
267	267	(a) Issued by a practitioner, who meets the qualifications established in section 11
268	268	2 of this Act; and 12
269	269	(b) Dated within ninety days the ninety-day period immediately preceding the 13
270	270	date of an thethe application; 14
271	271	(2) The application or renewal fee; 15
272	272	(3) The name, address, and date of birth of the qualifying patient, except that if the 16
273	273	applicant is homeless, no address is required; 17
274	274	(4) The name, address, and telephone number of the qualifying patient's practitioner; 18
275	275	(5) The name, address, and date of birth of the any designated caregiver, or 19
276	276	designated caregivers, chosen by the qualifying patient; 20
277	277	(6) If more than one designated caregiver is designated at any given time, 21
278	278	documentation demonstrating that a greater number of designated caregivers are 22
279	279	is needed due to the patient's age or medical condition; 23
280	280	(7) The name of no more than two dispensaries that the qualifying patient designates, 24
281	281	if any; and 25
282	282	(8) If the qualifying patient designates a designated caregiver, a designation as to 26
283	283	whether the qualifying patient or designated caregiver will be allowed may, under 27
284	284	state law to, possess and cultivate cannabis plants for the qualifying patient's 28
285	285	medical use. 29
286	286	When If a practitioner conducts a follow-up assessment with a patient, within sixty 30
287	287	days of issuing the patient a written certification, and the purpose of the follow-up 31
288	288	assessment is to assess the patient's response to the use of medical cannabis and to 32
289	289	determine whether to issue the practitioner issues the patient a second written 33
290	290	certification, the fee required under subdivision (2) is waived, if the patient reapplies for 34 25.420.14 9 1055
291	291	Underscores indicate new language.
292	292	Overstrikes indicate deleted language.
293	293	the second registry identification card. A patient may only receive one fee waiver under 1
294	294	this section per calendar year. 2
295	295	Section 8. That § 34-20G-43 be AMENDED: 3
296	296	34-20G-43. The registry identification card of a qualifying patient and designated 4
297	297	caregiver, if any, expires on the date noted by the practitioner in the qualifying patient's 5
298	298	written certification, not to exceed one year after the date of issue. 6
299	299	Section 9. That § 34-20G-51 be AMENDED: 7
300	300	34-20G-51. Except as provided in § 34-20G-18 and this section, a person may 8
301	301	assert the medical purpose for using cannabis as a defense to any prosecution involving 9
302	302	cannabis, and such. The defense is presumed valid where if the evidence shows that: 10
303	303	(1) A practitioner has stated that, in the practitioner's professional opinion, after 11
304	304	having completed a full assessment of the person's medical history and current 12
305	305	medical condition, made in the course of a bona fide practitioner -patient 13
306	306	relationship, as set forth in section 2 of this Act, the patient has a debilitating 14
307	307	medical condition and the potential benefits of using cannabis for medical purposes 15
308	308	would likely outweigh the health risks for the person; 16
309	309	(2) The person was in possession of no more than three: 17
310	310	(a) Three ounces of cannabis, the; 18
311	311	(b) The amount of cannabis products allowed in accordance with rules 19
312	312	promulgated by the department rules, two; 20
313	313	(c) Two flowering cannabis plants, two; 21
314	314	(d) Two cannabis plants that are not flowering, ; and the 22
315	315	(e) The cannabis produced by those the plants referenced in subsections (c) 23
316	316	and (d) of this section; 24
317	317	(3) The person was engaged in the acquisition, possession, use, manufacture 25
318	318	manufacturing, cultivation, or transportation of cannabis, paraphernalia, or both, 26
319	319	relating to the administration of cannabis to treat or alleviate the person's 27
320	320	debilitating medical condition or symptoms associated with the person's 28
321	321	debilitating medical condition; and 29
322	322	(4) Any cultivation of cannabis and storage of more than three ounces of cannabis 30
323	323	occurred in a secure location that only the person asserting the defense could 31
324	324	access. 32 25.420.14 10 1055
325	325	Underscores indicate new language.
326	326	Overstrikes indicate deleted language.
327	327	Section 10. That § 34-20G-72 be AMENDED: 1
328	328	34-20G-72. The department shall promulgate rules pursuant to chapter 1-26: 2
329	329	(1) Establishing the form and content of registration and renewal applications 3
330	330	submitted under this chapter and include the notice requirements set forth in § 34-4
331	331	20G-28.1; 5
332	332	(2) Establishing a system to numerically score competing medical cannabis 6
333	333	establishment applicants, in cases where more applicants apply than are allowed 7
334	334	by the local government, that and which includes an analysis of: 8
335	335	(a) The preference of the local government; 9
336	336	(b) In the case of dispensaries, the suitability of the proposed location and its 10
337	337	accessibility for by patients; 11
338	338	(c) The character, veracity, background, qualifications, and relevant experience 12
339	339	of principal officers and board members; and 13
340	340	(d) The business plan proposed by the applicant, that which in the case of a 14
341	341	cultivation facility or dispensary shall must include the ability to maintain 15
342	342	an adequate supply of cannabis, plans a proposal to ensure the safety and 16
343	343	security of patrons and the community, procedures to be used to prevent 17
344	344	diversion, and any plan for making a proposal to make cannabis available 18
345	345	to low-income registered qualifying patients; 19
346	346	(3) Governing the manner in which the department shall consider considers 20
347	347	applications for and renewals of registry identification cards, that may include 21
348	348	creating a standardized written certification form; 22
349	349	(4) Developing a standardized certification form that provides for all identifications, 23
350	350	indications, and affirmations required in accordance with section 3 of this Act; 24
351	351	(5) Governing medical cannabis establishments to ensure the health and safety of 25
352	352	qualifying patients and prevent diversion and theft, without imposing an undue 26
353	353	burden or compromising the confidentiality of a cardholder, including: 27
354	354	(a) Oversight requirements; 28
355	355	(b) Record-keeping requirements; 29
356	356	(c) Security requirements, including lighting, physical security, and alarm 30
357	357	requirements; 31
358	358	(d) Health and safety regulations requirements, including restrictions on the 32
359	359	use of pesticides that are injurious to human health; 33 25.420.14 11 1055
360	360	Underscores indicate new language.
361	361	Overstrikes indicate deleted language.
362	362	(e) Standards for the manufacture manufacturing of cannabis products and 1
363	363	both for the indoor and outdoor cultivation of cannabis by a cultivation 2
364	364	facility; 3
365	365	(f) Requirements for the transportation and storage of cannabis by a medical 4
366	366	cannabis establishment; 5
367	367	(g) Employment and training requirements, including requiring that each 6
368	368	medical cannabis establishment create an identification badge for each 7
369	369	agent; 8
370	370	(h) Standards for the safe manufacture manufacturing of cannabis products, 9
371	371	including extracts and concentrates; 10
372	372	(i) Restrictions on the advertising, signage, and display of medical cannabis, 11
373	373	provided that the restrictions may not prevent appropriate signs on the 12
374	374	property of a dispensary, listings in business directories including phone 13
375	375	books, listings in marijuana-related or medical publications, or the 14
376	376	sponsorship of health or not-for-profit charity or advocacy events; 15
377	377	(j) Requirements and procedures for the safe and accurate packaging, labeling, 16
378	378	distribution, and tracking of medical cannabis; 17
379	379	(k) Certification standards for testing facilities, including requirements for 18
380	380	equipment and qualifications for personnel; and 19
381	381	(l) Requirements for samples of cannabis and cannabis products submitted to 20
382	382	testing facilities, including batch sizes to, which may not exceed fifty pounds 21
383	383	of cannabis intended for retail sale, batch sizes for homogenous cannabis 22
384	384	products intended for retail sale, and procedures to ensure representative 23
385	385	sampling; 24
386	386	(5)(6) Establishing procedures for the suspension and termination of the registry 25
387	387	identification cards of cardholders who commit multiple or serious violations of this 26
388	388	chapter; 27
389	389	(6)(7) Establishing procedures for: 28
390	390	(a) The imposition of fines, not to exceed ten thousand dollars per inspection, 29
391	391	on a medical cannabis establishment that is found to have committed 30
392	392	multiple or serious violations of this chapter; and 31
393	393	(b) The probation, suspension, and termination of the registration certificate of 32
394	394	a medical cannabis establishment that commits multiple or serious 33
395	395	violations of this chapter; 34 25.420.14 12 1055
396	396	Underscores indicate new language.
397	397	Overstrikes indicate deleted language.
398	398	(7)(8) Establishing labeling requirements for cannabis and cannabis products, including 1
399	399	requiring cannabis product labels to include the following: 2
400	400	(a) The length of time it typically takes for a product to take effect; 3
401	401	(b) Disclosing ingredients and possible allergens; 4
402	402	(c) A nutritional fact panel; and 5
403	403	(d) Requiring that edible cannabis products be clearly identifiable, when 6
404	404	practicable, with a standard symbol indicating that it contains cannabis; 7
405	405	(8)(9) Establishing procedures for the registration of nonresident cardholders and the 8
406	406	cardholder's designation of no more than two dispensaries, which shall require the 9
407	407	submission of: 10
408	408	(a) A practitioner's statement confirming that the patient has a debilitating 11
409	409	medical condition; and 12
410	410	(b) Documentation demonstrating that the nonresident cardholder is allowed to 13
411	411	possess cannabis or cannabis preparations in the jurisdiction where the 14
412	412	nonresident cardholder resides; 15
413	413	(9)(10) Establishing the amount of cannabis products, including the amount of 16
414	414	concentrated cannabis, each cardholder and nonresident cardholder may possess; 17
415	415	and 18
416	416	(10)(11) Establishing application and renewal fees for registration certificates, not to 19
417	417	exceed twenty thousand dollars, with this upper limit adjusted annually for 20
418	418	inflation, with the total fees collected sufficient to offset all costs related to program 21
419	419	implementation and administration; and 22
420	420	(11)(12) Establishing application and renewal fees for registry identification cards and 23
421	421	nonresident cardholder registration as follows: 24
422	422	(a) Using a sliding scale of patient application and renewal fees based upon a 25
423	423	qualifying patient's household income; 26
424	424	(b) The fees charged to qualifying patients, nonresident cardholders, and 27
425	425	caregivers may not be greater than the costs of processing the application 28
426	426	and issuing a registry identification card or registration; and 29
427	427	(c) The department may accept donations from private sources to reduce 30
428	428	application and renewal fees. 31
429	429	A violation of a required or prohibited action under any rule authorized by this 32
430	430	section is a Class 2 misdemeanor. 33
431	431	Section 11. That § 34-20G-78 be AMENDED: 34 25.420.14 13 1055
432	432	Underscores indicate new language.
433	433	Overstrikes indicate deleted language.
434	434	34-20G-78. A practitioner is guilty of a Class 2 misdemeanor if the practitioner: 1
435	435	(1) Knowingly refers a patient to a medical cannabis establishment or to a designated 2
436	436	caregiver in exchange for financial consideration; 3
437	437	(2) Advertises in a medical cannabis establishment; 4
438	438	(3) Issues written certifications while holding a financial interest in a medical cannabis 5
439	439	establishment; 6
440	440	(4) Offers a discount, deal, or other financial incentive for making an appointment with 7
441	441	the practitioner for the purpose of receiving a written certification; 8
442	442	(5) Conducts the a medical assessment required for a bona fide practitioner-patient 9
443	443	relationship of a patient to determine the patient's eligibility for an initial 10
444	444	certification, or for the renewal of a certification in a space licensed for the sale of 11
445	445	alcoholic beverages; or 12
446	446	(6) Charges a patient based on the term of a written certification issued to the patient. 13
447	447	Section 12. That § 34-20G-78.1 be AMENDED: 14
448	448	34-20G-78.1. An entity is guilty of a Class 2 misdemeanor if the entity: 15
449	449	(1) Offers a discount, deal, or other financial incentive for making an appointment with 16
450	450	a practitioner for the purpose of receiving a written certification; or 17
451	451	(2) Charges a practitioner's patient based on the duration of a written certification 18
452	452	issued to the patient. 19