South Dakota 2025 Regular Session

South Dakota House Bill HB1101 Compare Versions

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

Old	New	Differences
1	1	25.357.9 100th Legislative Session 1101
2	2
3	3
4	4	2025 South Dakota Legislature
5	5	House Bill 1101
6	6
7	7
8	8
9	9
10	10
11	11
12	12	Introduced by: Representative Ismay
13	13
14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to repeal provisions related to medical marijuana. 1
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18	18	Section 1. That § 34-20E-2 be AMENDED: 3
19	19	34-20E-2. The board shall establish and maintain a prescription drug monitoring 4
20	20	program to monitor the prescribing and dispensing of all controlled substances. The 5
21	21	program shall must utilize a central repository, to which each dispenser shall submit, by 6
22	22	electronic means, information regarding each prescription dispensed for a controlled 7
23	23	substance. The information submitted for each prescription must include specifically 8
24	24	identified data elements adopted by the board and contained in the 2011 version of the 9
25	25	electronic reporting standard for prescription monitoring programs, version 4.2 of the 10
26	26	American Society for Automation in Pharmacy. 11
27	27	The program must include the names of qualifying patients who receive a registry 12
28	28	identification card, as defined in § 34-20G-1, submitted by the Department of Health 13
29	29	American Society for Automation in Pharmacy Version 4.2 Standard for Prescription Drug 14
30	30	Monitoring Programs. 15
31	31	Section 2. That § 34-20G-1 be REPEALED. 16
32	32	Terms used in this chapter mean: 17
33	33	(1) "Allowable amount of cannabis,": 18
34	34	(a) Three ounces of cannabis or less; 19
35	35	(b) The quantity of cannabis products as established by rules promulgated by 20
36	36	the department under § 34-20G-72; 21
37	37	(c) If the cardholder has a registry identification card allowing cultivation, two 22
38	38	flowering cannabis plants and two cannabis plants that are not flowering; 23
39	39	and 24 25.357.9 2 1101
40	40	Underscores indicate new language.
41	41	Overstrikes indicate deleted language.
42	42	(d) If the cardholder has a registry identification card allowing cultivation, the 1
43	43	amount of cannabis and cannabis products that were produced from the 2
44	44	cardholder's allowable plants, if the cannabis and cannabis products are 3
45	45	possessed at the same property where the plants were cultivated; 4
46	46	(2) "Bona fide practitioner-patient relationship," a treatment or consulting relationship 5
47	47	between a practitioner and patient, during which: 6
48	48	(a) The practitioner completes, at the initial visit, an assessment of the patient's 7
49	49	medical history and current medical condition, including an appropriate in-8
50	50	person physical examination; 9
51	51	(b) The patient is under the practitioner's care for the debilitating medical 10
52	52	condition that qualifies the patient for the medical use of cannabis or has 11
53	53	been referred by the practitioner caring for the patient's debilitating medical 12
54	54	condition that qualifies the patient for the medical use of cannabis to 13
55	55	another practitioner; 14
56	56	(c) The patient has a reasonable expectation that the practitioner providing the 15
57	57	written certification will continue to provide follow-up care to the patient to 16
58	58	monitor the medical use of cannabis; and 17
59	59	(d) The relationship is not for the sole purpose of providing a written 18
60	60	certification for the medical use of cannabis unless the patient has been 19
61	61	referred by a practitioner providing care for the debilitating medical 20
62	62	condition that qualifies the patient for the medical use of cannabis; 21
63	63	(3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products 22
64	64	that are infused with cannabis or an extract thereof, and are intended for use or 23
65	65	consumption by humans. The term includes edible cannabis products, beverages, 24
66	66	topical products, ointments, oils, and tinctures; 25
67	67	(4) "Cannabis product manufacturing facility," an entity registered with the 26
68	68	department pursuant to this chapter that acquires, possesses, manufactures, 27
69	69	delivers, transfers, transports, supplies, or sells cannabis products to a medical 28
70	70	cannabis dispensary; 29
71	71	(5) "Cannabis testing facility" or "testing facility," an independent entity registered 30
72	72	with the department pursuant to this chapter to analyze the safety and potency of 31
73	73	cannabis; 32
74	74	(6) "Cardholder," a qualifying patient or a designated caregiver who has been issued 33
75	75	and possesses a valid registry identification card; 34 25.357.9 3 1101
76	76	Underscores indicate new language.
77	77	Overstrikes indicate deleted language.
78	78	(7) "Cultivation facility," an entity registered with the department pursuant to this 1
79	79	chapter that acquires, possesses, cultivates, delivers, transfers, transports, 2
80	80	supplies, or sells cannabis and related supplies to a medical cannabis 3
81	81	establishment; 4
82	82	(8) "Debilitating medical condition,": 5
83	83	(a) A chronic or debilitating disease or medical condition or its treatment that 6
84	84	produces one or more of the following: cachexia or wasting syndrome; 7
85	85	severe, debilitating pain; severe nausea, except nausea associated with 8
86	86	pregnancy; seizures; or severe and persistent muscle spasms; 9
87	87	(b) Acquired immune deficiency syndrome or positive status for human 10
88	88	immunodeficiency virus; 11
89	89	(c) Amyotrophic lateral sclerosis; 12
90	90	(d) Multiple sclerosis; 13
91	91	(e) Cancer or its treatment, if associated with severe or chronic pain, nausea 14
92	92	or severe vomiting, or cachexia or severe wasting; 15
93	93	(f) Crohn's disease; 16
94	94	(g) Epilepsy and seizures; or 17
95	95	(h) Post-traumatic stress disorder; 18
96	96	(9) "Department," the Department of Health; 19
97	97	(10) "Designated caregiver," an individual who: 20
98	98	(a) Is at least twenty-one years of age; 21
99	99	(b) Has agreed to assist with a qualifying patient's medical use of cannabis; 22
100	100	(c) Has not been convicted of a disqualifying felony offense; and 23
101	101	(d) Assists no more than five qualifying patients with the medical use of 24
102	102	cannabis, unless the designated caregiver's qualifying patients each reside 25
103	103	in or are admitted to a health care facility, as defined in § 34-12-1.1, an 26
104	104	accredited prevention or treatment facility, as defined in § 34-20A-2, a 27
105	105	mental health center, as defined in § 27A-1-1, a child welfare agency, as 28
106	106	defined in § 26-6-1, or a community support provider or community 29
107	107	services provider, as defined in § 27B-1-17, where the designated caregiver 30
108	108	is employed; 31
109	109	(11) "Disqualifying felony offense," a violent crime that was classified as a felony in the 32
110	110	jurisdiction where the person was convicted; 33
111	111	(12) "Edible cannabis products," any product that: 34
112	112	(a) Contains or is infused with cannabis or an extract thereof; 35 25.357.9 4 1101
113	113	Underscores indicate new language.
114	114	Overstrikes indicate deleted language.
115	115	(b) Is intended for human consumption by oral ingestion; and 1
116	116	(c) Is presented in the form of foodstuffs, beverages, oils, tinctures, or other 2
117	117	similar products; 3
118	118	(13) "Enclosed, locked facility," any closet, room, greenhouse, building, or other 4
119	119	enclosed area that is equipped with locks or other security devices that permit 5
120	120	access only by a cardholder or a person allowed to cultivate the plants. Two or 6
121	121	more cardholders who reside in the same dwelling may share one enclosed, locked 7
122	122	facility for cultivation; 8
123	123	(14) "Flowering cannabis plant," the reproductive state of the cannabis plant in which 9
124	124	the plant shows physical signs of flower budding out of the nodes of the stem; 10
125	125	(15) "Medical cannabis" or "cannabis," marijuana as defined in § 22-42-1; 11
126	126	(16) "Medical cannabis dispensary" or "dispensary," an entity registered with the 12
127	127	department pursuant to this chapter that acquires, possesses, stores, delivers, 13
128	128	transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, 14
129	129	paraphernalia, or related supplies and educational materials to cardholders; 15
130	130	(17) "Medical cannabis establishment," a cultivation facility, a cannabis testing facility, 16
131	131	a cannabis product manufacturing facility, or a dispensary; 17
132	132	(18) "Medical cannabis establishment agent," an owner, officer, board member, 18
133	133	employee, or volunteer at a medical cannabis establishment; 19
134	134	(19) "Medical use," includes the acquisition, administration, cultivation, manufacture, 20
135	135	delivery, harvest, possession, preparation, transfer, transportation, or use of 21
136	136	cannabis or paraphernalia relating to the administration of cannabis to treat or 22
137	137	alleviate a registered qualifying patient's debilitating medical condition or symptom 23
138	138	associated with the patient's debilitating medical condition. The term does not 24
139	139	include: 25
140	140	(a) The cultivation of cannabis by a nonresident cardholder; 26
141	141	(b) The cultivation of cannabis by a cardholder who is not designated as being 27
142	142	allowed to cultivate on the cardholder's registry identification card; or 28
143	143	(c) The extraction of resin from cannabis by solvent extraction unless the 29
144	144	extraction is done by a cannabis product manufacturing facility; 30
145	145	(20) "Nonresident cardholder," a person who: 31
146	146	(a) Has been diagnosed with a debilitating medical condition, or is the parent, 32
147	147	guardian, conservator, or other person with authority to consent to the 33
148	148	medical treatment of a person who has been diagnosed with a debilitating 34
149	149	medical condition; 35 25.357.9 5 1101
150	150	Underscores indicate new language.
151	151	Overstrikes indicate deleted language.
152	152	(b) Is not a resident of this state or who has been a resident of this state for 1
153	153	fewer than forty-five days; 2
154	154	(c) Was issued a currently valid registry identification card or its equivalent by 3
155	155	another state, district, territory, commonwealth, insular possession of the 4
156	156	United States, or country recognized by the United States that allows the 5
157	157	person to use cannabis for medical purposes in the jurisdiction of issuance; 6
158	158	and 7
159	159	(d) Has submitted any documentation required by the department, and has 8
160	160	received confirmation of registration; 9
161	161	(21) "Practitioner," a physician, physician assistant, or advanced practice registered 10
162	162	nurse, who is licensed with authority to prescribe drugs to humans. In relation to 11
163	163	a nonresident cardholder, the term means a person who is licensed with authority 12
164	164	to prescribe drugs to humans in the state of the patient's residence; 13
165	165	(22) "Qualifying patient," a person who has been diagnosed by a practitioner as having 14
166	166	a debilitating medical condition; 15
167	167	(23) "Registry identification card," a document issued by the department that identifies 16
168	168	a person as a registered qualifying patient or registered designated caregiver, or 17
169	169	documentation that is deemed a registry identification card pursuant to §§ 34-20G-18
170	170	29 to 34-20G-42, inclusive; 19
171	171	(24) "Safety-sensitive job," any position with tasks or duties that an employer 20
172	172	reasonably believes could: 21
173	173	(a) Cause the illness, injury, or death of an individual; or 22
174	174	(b) Result in serious property damage; 23
175	175	(25) "Under the influence of cannabis," any abnormal mental or physical condition that 24
176	176	tends to deprive a person of clearness of intellect and control that the person would 25
177	177	otherwise possess, as the result of consuming any degree of cannabis or cannabis 26
178	178	products; and 27
179	179	(26) "Written certification," a document dated and signed by a practitioner: 28
180	180	(a) Stating that the patient has a qualifying debilitating medical condition or 29
181	181	symptom associated with the debilitating medical condition; 30
182	182	(b) Affirming that the document is made in the course of a bona fide 31
183	183	practitioner-patient relationship; 32
184	184	(c) Specifying the qualifying patient's debilitating medical condition; and 33
185	185	(d) Specifying the expiration date of the qualifying patient's written 34
186	186	certification, pursuant to § 34-20G-43; and 35 25.357.9 6 1101
187	187	Underscores indicate new language.
188	188	Overstrikes indicate deleted language.
189	189	(e) Specifying whether the practitioner has previously issued the patient a 1
190	190	written certification and the date of that written certification. 2
191	191	Section 3. That § 34-20G-2 be REPEALED. 3
192	192	A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial 4
193	193	of any right or privilege, including any civil penalty or disciplinary action by a court or 5
194	194	occupational or professional licensing board or bureau, for: 6
195	195	(l) The medical use of cannabis in accordance with this chapter, if the cardholder does 7
196	196	not possess more than the allowable amount of cannabis, and if any cannabis plant 8
197	197	is either cultivated in an enclosed, locked facility or is being transported; 9
198	198	(2) Reimbursement by a registered qualifying patient to the patient's registered 10
199	199	designated caregiver for direct costs incurred by the registered designated 11
200	200	caregiver for assisting with the registered qualifying patient's medical use of 12
201	201	cannabis; 13
202	202	(3) Transferring the cannabis to a testing facility; 14
203	203	(4) Compensating a dispensary or a testing facility for goods or services provided; 15
204	204	(5) Selling, transferring, or delivering cannabis seeds produced by the cardholder to a 16
205	205	cultivation facility or dispensary; or 17
206	206	(6) Offering or providing cannabis to a cardholder for a registered qualifying patient's 18
207	207	medical use, to a nonresident cardholder, or to a dispensary if nothing of value is 19
208	208	transferred in return and the person giving the cannabis does not knowingly cause 20
209	209	the recipient to possess more than the allowable amount of cannabis. 21
210	210	Section 4. That § 34-20G-3 be REPEALED. 22
211	211	No nonresident cardholder is subject to arrest, prosecution, or penalty in any 23
212	212	manner, or denied any right or privilege, including civil penalty or disciplinary action by a 24
213	213	business or occupational or professional licensing board or entity, for transporting, 25
214	214	purchasing, possessing, or using medical cannabis in accordance with this chapter if the 26
215	215	nonresident cardholder does not possess more than three ounces of cannabis and the 27
216	216	quantity of cannabis products established by rules promulgated by the department under 28
217	217	§ 34-20G-72. 29
218	218	Section 5. That § 34-20G-4 be REPEALED. 30 25.357.9 7 1101
219	219	Underscores indicate new language.
220	220	Overstrikes indicate deleted language.
221	221	There is a presumption that a qualifying patient or designated caregiver is engaged 1
222	222	in the medical use of cannabis in accordance with this chapter if the cardholder is in 2
223	223	possession of a registry identification card and an amount of cannabis that does not exceed 3
224	224	the allowable amount of cannabis. The presumption may be rebutted by evidence that 4
225	225	conduct related to cannabis was not for the purpose of treating or alleviating a qualifying 5
226	226	patient's debilitating medical condition or symptom associated with the qualifying patient's 6
227	227	debilitating medical condition under this chapter. 7
228	228	Section 6. That § 34-20G-5 be REPEALED. 8
229	229	No practitioner is subject to arrest, prosecution, or penalty of any kind, or denied 9
230	230	any right or privilege, including civil penalty or disciplinary action by the South Dakota 10
231	231	Board of Medical and Osteopathic Examiners or by any other occupational or professional 11
232	232	licensing board or bureau, solely for providing written certifications or for otherwise stating 12
233	233	that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or 13
234	234	palliative benefit from the medical use of cannabis to treat or alleviate the patient's serious 14
235	235	or debilitating medical condition or symptoms associated with the serious or debilitating 15
236	236	medical condition. Nothing in this chapter prevents a practitioner from being sanctioned 16
237	237	for: 17
238	238	(1) Issuing a written certification to a patient with whom the practitioner does not have 18
239	239	a bona fide practitioner-patient relationship; or 19
240	240	(2) Failing to properly evaluate a patient's medical condition. 20
241	241	Section 7. That § 34-20G-5.1 be REPEALED. 21
242	242	Nothing in this chapter authorizes a practitioner to provide a written certification 22
243	243	to a patient who is pregnant or breastfeeding. 23
244	244	Section 8. That § 34-20G-5.2 be REPEALED. 24
245	245	If a practitioner issues a written certification under this chapter, and if the 25
246	246	practitioner is neither the patient's primary care provider nor a specialty provider caring 26
247	247	for the patient's debilitating medical condition, the practitioner shall, upon issuing the 27
248	248	certification, provide electronic notification of the issuance: 28
249	249	(1) To the patient's primary care provider; or 29
250	250	(2) To the referring practitioner, if that individual is caring for the patient's debilitating 30
251	251	medical condition. 31 25.357.9 8 1101
252	252	Underscores indicate new language.
253	253	Overstrikes indicate deleted language.
254	254	The patient's primary care provider or the referring practitioner shall include any 1
255	255	notification received in accordance with this section in the patient's medical file. 2
256	256	Section 9. That § 34-20G-6 be REPEALED. 3
257	257	No person licensed by the state or any other governmental entity to engage in any 4
258	258	profession, occupation, or other activity is subject to disciplinary action, denial of the rights 5
259	259	and privileges of such license, or otherwise penalized by the licensing authority for lawfully 6
260	260	engaging in any activity authorized under this chapter or providing any service to a person 7
261	261	engaged in activity that is authorized by this chapter merely because that activity is 8
262	262	prohibited by federal law. 9
263	263	Section 10. That § 34-20G-7 be REPEALED. 10
264	264	No person is subject to arrest, prosecution, or penalty of any kind, or may be 11
265	265	denied any right or privilege, including any civil penalty or disciplinary action by a court 12
266	266	or occupational or professional licensing board or bureau, for: 13
267	267	(1) Providing or selling cannabis paraphernalia to a cardholder, nonresident 14
268	268	cardholder, or to a medical cannabis establishment; 15
269	269	(2) Being in the presence or vicinity of the medical use of cannabis that is exempt from 16
270	270	criminal or civil penalty by this chapter; 17
271	271	(3) Allowing the person's property to be used for an activity that is exempt from 18
272	272	criminal or civil penalty by this chapter; or 19
273	273	(4) Assisting a registered qualifying patient with the act of using or administering 20
274	274	cannabis. 21
275	275	Section 11. That § 34-20G-12 be REPEALED. 22
276	276	A cardholder, nonresident cardholder, or the equivalent of a medical cannabis 23
277	277	establishment that is registered in another jurisdiction may sell or donate cannabis seeds 24
278	278	to a cultivation facility in this state. 25
279	279	Section 12. That § 34-20G-13 be REPEALED. 26
280	280	Any cannabis, cannabis product, cannabis paraphernalia, or other interest in or 27
281	281	right to property that is possessed, owned, or used in connection with the medical use of 28
282	282	cannabis as allowed under this chapter, or acts incidental to such use, may not be seized 29
283	283	or forfeited. This chapter does not prevent the seizure or forfeiture of cannabis exceeding 30 25.357.9 9 1101
284	284	Underscores indicate new language.
285	285	Overstrikes indicate deleted language.
286	286	the amount allowed under this chapter, or prevent seizure or forfeiture if the basis for the 1
287	287	action is unrelated to the cannabis that is possessed, manufactured, transferred, or used 2
288	288	in accordance with this chapter. 3
289	289	Section 13. That § 34-20G-14 be REPEALED. 4
290	290	Possession of, or application for, a registry identification card does not constitute 5
291	291	probable cause or reasonable suspicion, nor may it be used to support a search of the 6
292	292	person or property of the person possessing or applying for the registry identification card, 7
293	293	or otherwise subject the person or property of the person to inspection by any 8
294	294	governmental agency. 9
295	295	Section 14. That § 34-20G-15 be REPEALED. 10
296	296	For the purposes of state law, an activity related to medical cannabis is lawful as 11
297	297	long as it is conducted in accordance with this chapter. 12
298	298	Section 15. That § 34-20G-17 be REPEALED. 13
299	299	No contract entered into by a cardholder, a medical cannabis establishment, or 14
300	300	medical cannabis establishment agent, or by a person who allows property to be used for 15
301	301	an activity that is exempt from state criminal penalties by this chapter is unenforceable 16
302	302	on the basis that activity related to cannabis is prohibited by federal law. 17
303	303	Section 16. That § 34-20G-18 be REPEALED. 18
304	304	This chapter does not authorize any person to engage in, and does not prevent the 19
305	305	imposition of any civil, criminal, or other penalty for engaging in, the following conduct: 20
306	306	(1) Undertaking any task under the influence of cannabis, when doing so would 21
307	307	constitute negligence or professional malpractice; 22
308	308	(2) Possessing cannabis or otherwise engaging in the medical use of cannabis in any 23
309	309	correctional facility; 24
310	310	(3) Smoking or vaping cannabis: 25
311	311	(a) On any form of public transportation; 26
312	312	(b) In any public place or any place that is open to the public; or 27
313	313	(c) If under the age of twenty-one; 28
314	314	(4) Operating, navigating, or being in actual physical control of any motor vehicle, 29
315	315	aircraft, train, or motorboat while under the influence of cannabis; or 30 25.357.9 10 1101
316	316	Underscores indicate new language.
317	317	Overstrikes indicate deleted language.
318	318	(5) Performing any safety-sensitive job under the influence of cannabis. 1
319	319	Section 17. That § 34-20G-19 be REPEALED. 2
320	320	A cardholder may not be refused enrollment by a school or a lease by a landlord, 3
321	321	or otherwise be penalized by a school or landlord solely for the person's status as a 4
322	322	cardholder, unless failing to do so would violate federal law or regulations or cause the 5
323	323	school or landlord to lose a monetary or licensing-related benefit under federal law or 6
324	324	regulation. This section does not prevent a landlord from imposing reasonable restrictions 7
325	325	on the medical use of cannabis by a cardholder who resides at the landlord's property. 8
326	326	Section 18. That § 34-20G-20 be REPEALED. 9
327	327	For the purposes of medical care, including organ and tissue transplants, a 10
328	328	registered qualifying patient's use of cannabis in accordance with this chapter is 11
329	329	considered the equivalent of the authorized use of any other medication used at the 12
330	330	discretion of a practitioner and does not constitute the use of an illicit substance or 13
331	331	otherwise disqualify a qualifying patient from needed medical care. 14
332	332	Section 19. That § 34-20G-21 be REPEALED. 15
333	333	No person may be denied custody of, visitation rights with, or parenting time with 16
334	334	a minor solely because the person is a cardholder. There is no presumption of neglect or 17
335	335	child endangerment for conduct allowed under this chapter, unless the person's behavior 18
336	336	creates an unreasonable danger to the safety of the minor. Nothing in this chapter 19
337	337	supersedes or otherwise affects custody decisions, visitation rights, or parenting time 20
338	338	based upon the best interests of the child. 21
339	339	Section 20. That § 34-20G-22 be REPEALED. 22
340	340	Except as otherwise provided in this chapter, a registered qualifying patient who 23
341	341	uses cannabis for a medical purpose must be afforded the same rights under state and 24
342	342	local law, as the person would be afforded if the person were solely prescribed a 25
343	343	pharmaceutical medication, as it pertains to: 26
344	344	(1) Any interaction with a person's employer; 27
345	345	(2) Drug testing by a person's employer; or 28
346	346	(3) Drug testing required by any state or local law, agency, or government official. 29 25.357.9 11 1101
347	347	Underscores indicate new language.
348	348	Overstrikes indicate deleted language.
349	349	Nothing in this section prohibits adverse employment action, based solely on a 1
350	350	positive test result for cannabis metabolites, if the person is employed in a safety-sensitive 2
351	351	job. 3
352	352	Nothing in this section prohibits an employer from refusing to hire a person, based 4
353	353	solely on a positive test result for cannabis metabolites, if the person is seeking 5
354	354	employment in a safety-sensitive job. 6
355	355	Section 21. That § 34-20G-23 be REPEALED. 7
356	356	The rights provided by §§ 34-20G-19 to 34-20G-25, inclusive, do not apply to the 8
357	357	extent that they conflict with an employer's obligations under federal law or regulation or 9
358	358	to the extent that they would disqualify an employer from a monetary or licensing-related 10
359	359	benefit under federal law or regulation. 11
360	360	Section 22. That § 34-20G-24 be REPEALED. 12
361	361	No employer is required to allow the ingestion, possession, transfer, display, or 13
362	362	transportation of cannabis in any workplace or to allow any employee to work while under 14
363	363	the influence of cannabis. 15
364	364	No employer is prohibited from establishing and enforcing a drug-free workplace 16
365	365	policy, which may include a drug testing program that complies with state and federal law, 17
366	366	or acting with respect to an applicant or employee under the policy. 18
367	367	No cause of action is created for employment discrimination or wrongful 19
368	368	termination arising from an employer's enforcement of a drug -free workplace policy in 20
369	369	compliance with this chapter. 21
370	370	Section 23. That § 34-20G-25 be REPEALED. 22
371	371	No school, landlord, or employer may be penalized or denied any benefit under 23
372	372	state law for enrolling, leasing to, or employing a cardholder. 24
373	373	Section 24. That § 34-20G-25.1 be REPEALED. 25
374	374	A health care facility, as defined in § 34-12-1.1, an accredited prevention or 26
375	375	treatment facility, as defined in § 34-20A-2, a mental health center, as defined in § 27A-27
376	376	1-1, a child welfare agency, as defined in § 26-6-1, or a community support provider or 28
377	377	community services provider, as defined in § 27B-1-17, may adopt restrictions on the use 29
378	378	of medical cannabis by a cardholder who resides at, is actively receiving treatment or care 30 25.357.9 12 1101
379	379	Underscores indicate new language.
380	380	Overstrikes indicate deleted language.
381	381	from, or is visiting the facility. The restrictions may include a provision that the facility will 1
382	382	not store or maintain the cardholder's supply of medical cannabis, that the facility is not 2
383	383	responsible for providing the medical cannabis for cardholders, and that the medical 3
384	384	cannabis be used only in a place specified by the facility. Nothing in this section requires 4
385	385	a facility to adopt such restrictions or requires a facility to allow the consumption of 5
386	386	medical cannabis on the grounds of the facility. 6
387	387	No employee or agent of a facility may be subject to arrest, prosecution, or penalty 7
388	388	of any kind, or may be denied any right or privilege, including any civil penalty or 8
389	389	disciplinary action by a court or occupational or professional licensing board for possession 9
390	390	of medical cannabis while carrying out employment duties, including providing or 10
391	391	supervising care to a cardholder, or distribution of medical cannabis to a cardholder who 11
392	392	resides at or is actively receiving treatment or care at the facility with which the employee 12
393	393	or agent is affiliated. 13
394	394	Section 25. That § 34-20G-27 be REPEALED. 14
395	395	Nothing in this chapter requires: 15
396	396	(1) A government medical assistance program or private health insurer, workers' 16
397	397	compensation insurance carrier, or self-insured employer providing workers' 17
398	398	compensation benefits, to reimburse a person for costs associated with the medical 18
399	399	use of cannabis; 19
400	400	(2) Any person or establishment in lawful possession of property to allow a guest, 20
401	401	client, customer, or other visitor to smoke or vape cannabis on or in that property; 21
402	402	(3) A landlord to allow the cultivation of cannabis on the rental property; or 22
403	403	(4) A state or local government to allow any conduct otherwise permitted by this 23
404	404	chapter within a building owned, leased, or occupied by the state or local 24
405	405	government. 25
406	406	Section 26. That § 34-20G-28 be REPEALED. 26
407	407	Nothing in this chapter prohibits an employer from disciplining an employee for 27
408	408	ingesting cannabis in the workplace or for working while under the influence of cannabis. 28
409	409	Section 27. That § 34-20G-28.1 be REPEALED. 29
410	410	Each application for a registry identification card and each application for a card 30
411	411	renewal must include a notice that: 31 25.357.9 13 1101
412	412	Underscores indicate new language.
413	413	Overstrikes indicate deleted language.
414	414	(1) The Gun Control Act of 1968, 18 U.S.C. § 922 (January 1, 2024), prohibits any 1
415	415	person who is an unlawful user of or addicted to any controlled substance, as 2
416	416	defined by the Controlled Substances Act of 1970, 21 U.S.C. § 801, et seq., 3
417	417	(January 1, 2024), from shipping, transporting, receiving, or possessing a firearm 4
418	418	or ammunition; 5
419	419	(2) Until marijuana is legalized under federal law, an individual who is a current user 6
420	420	of marijuana is, under federal law, an unlawful user of a controlled substance; and 7
421	421	(3) Federal law does not exempt the use of marijuana for medicinal purposes. 8
422	422	Section 28. That § 34-20G-29 be REPEALED. 9
423	423	The department shall issue a registry identification card to a qualifying patient who 10
424	424	submits the following, in accordance with rules promulgated by the department: 11
425	425	(1) A written certification issued by a practitioner within ninety days immediately 12
426	426	preceding the date of an application; 13
427	427	(2) The application or renewal fee; 14
428	428	(3) The name, address, and date of birth of the qualifying patient, except that if the 15
429	429	applicant is homeless, no address is required; 16
430	430	(4) The name, address, and telephone number of the qualifying patient's practitioner; 17
431	431	(5) The name, address, and date of birth of the designated caregiver, or designated 18
432	432	caregivers, chosen by the qualifying patient; 19
433	433	(6) If more than one designated caregiver is designated at any given time, 20
434	434	documentation demonstrating that a greater number of designated caregivers are 21
435	435	needed due to the patient's age or medical condition; 22
436	436	(7) The name of no more than two dispensaries that the qualifying patient designates, 23
437	437	if any; and 24
438	438	(8) If the qualifying patient designates a designated caregiver, a designation as to 25
439	439	whether the qualifying patient or designated caregiver will be allowed under state 26
440	440	law to possess and cultivate cannabis plants for the qualifying patient's medical 27
441	441	use. 28
442	442	When a practitioner conducts a follow-up assessment with a patient, within sixty 29
443	443	days of issuing the patient a written certification, and the purpose of the follow -up 30
444	444	assessment is to assess the patient's response to the use of medical cannabis and to 31
445	445	determine whether to issue the patient a second written certification, the fee required 32
446	446	under subdivision (2) is waived, if the patient reapplies for the second registry 33 25.357.9 14 1101
447	447	Underscores indicate new language.
448	448	Overstrikes indicate deleted language.
449	449	identification card. A patient may only receive one fee waiver under this section per 1
450	450	calendar year. 2
451	451	Section 29. That § 34-20G-30 be REPEALED. 3
452	452	If the qualifying patient is unable to submit the information required by § 34-20G-4
453	453	29 due to the person's age or medical condition, the person responsible for making medical 5
454	454	decisions for the qualifying patient may do so on behalf of the qualifying patient. 6
455	455	Section 30. That § 34-20G-31 be REPEALED. 7
456	456	Except as provided in § 34-20G-32, the department shall: 8
457	457	(1) Verify the information contained in an application or renewal submitted pursuant 9
458	458	to this chapter and approve or deny an application or renewal within fifteen days 10
459	459	of receiving a completed application or renewal application; 11
460	460	(2) Issue registry identification cards to a qualifying patient and to a qualifying 12
461	461	patient's designated caregivers, if any, within five days of approving the application 13
462	462	or renewal. A designated caregiver shall have a registry identification card for each 14
463	463	of the qualifying patients; and 15
464	464	(3) Enter the registry identification number of any dispensary the patient designates 16
465	465	into the verification system. 17
466	466	Section 31. That § 34-20G-32 be REPEALED. 18
467	467	The department may conduct a background check of a designated caregiver in 19
468	468	order to carry out the provisions of § 34-20G-31. 20
469	469	Section 32. That § 34-20G-33 be REPEALED. 21
470	470	The department may not issue a registry identification card to a qualifying patient 22
471	471	who is younger than eighteen years of age unless: 23
472	472	(1) The qualifying patient's practitioner has explained the potential risks and benefits 24
473	473	of the medical use of cannabis to the custodial parent or legal guardian with 25
474	474	responsibility for health care decisions for the qualifying patient; and 26
475	475	(2) The custodial parent or legal guardian with responsibility for health care decisions 27
476	476	for the qualifying patient consents in writing to: 28
477	477	(a) Allow the qualifying patient's medical use of cannabis; 29
478	478	(b) Serve as the qualifying patient's designated caregiver; and 30 25.357.9 15 1101
479	479	Underscores indicate new language.
480	480	Overstrikes indicate deleted language.
481	481	(c) Control the acquisition of the cannabis, the dosage, and the frequency of 1
482	482	the medical use of cannabis by the qualifying patient. 2
483	483	Section 33. That § 34-20G-34 be REPEALED. 3
484	484	The department may deny an application or renewal of a qualifying patient’s 4
485	485	registry identification card only if the applicant: 5
486	486	(1) Does not provide the required information, fee, or materials; 6
487	487	(2) Does not meet the requirement to obtain a registry identification card as defined 7
488	488	in § 34-20G-1; 8
489	489	(3) Previously had a registry identification card revoked; or 9
490	490	(4) Provided false information. 10
491	491	Section 34. That § 34-20G-35 be REPEALED. 11
492	492	The department may deny an application or renewal for a designated caregiver 12
493	493	chosen by a qualifying patient whose registry identification card was granted only if: 13
494	494	(l) The designated caregiver does not meet the requirements of a designated 14
495	495	caregiver as defined in § 34-20G-l; 15
496	496	(2) The applicant does not provide the information required; 16
497	497	(3) The designated caregiver previously had a registry identification card revoked; or 17
498	498	(4) The applicant or the designated caregiver provide false information. 18
499	499	Section 35. That § 34-20G-36 be REPEALED. 19
500	500	The department shall give written notice to the qualifying patient of the reason for: 20
501	501	(1) Denying a registry identification card to the qualifying patient or to the qualifying 21
502	502	patient's designated caregiver; or 22
503	503	(2) Revoking the registry identification card of the qualifying patient or the qualifying 23
504	504	patient's designated caregiver. 24
505	505	Section 36. That § 34-20G-37 be REPEALED. 25
506	506	Denial of an application or renewal under § 34-20G-34 or 34-20G-35 is considered 26
507	507	a final department action, subject to judicial review. 27
508	508	Section 37. That § 34-20G-42 be REPEALED. 28
509	509	A registry identification card shall contain all of the following: 29 25.357.9 16 1101
510	510	Underscores indicate new language.
511	511	Overstrikes indicate deleted language.
512	512	(1) The name of the cardholder; 1
513	513	(2) A designation of whether the cardholder is a qualifying patient or a designated 2
514	514	caregiver; 3
515	515	(3) The date of issuance and expiration date of the registry identification card; 4
516	516	(4) A random ten-digit alphanumeric identification number, containing at least four 5
517	517	numbers and at least four letters, that is unique to the cardholder; 6
518	518	(5) If the cardholder is a designated caregiver, the random identification number of 7
519	519	the qualifying patient the designated caregiver will assist; 8
520	520	(6) A clear indication of whether the cardholder has been designated to cultivate 9
521	521	cannabis plants for the qualifying patient's medical use; 10
522	522	(7) A photograph of the cardholder; and 11
523	523	(8) The phone number or website address where the card can be verified. 12
524	524	Section 38. That § 34-20G-43 be REPEALED. 13
525	525	The registry identification card of a qualifying patient and designated caregiver, if 14
526	526	any, expires on the date noted by the practitioner in the qualifying patient's written 15
527	527	certification, not to exceed one year after the date of issue. 16
528	528	Section 39. That § 34-20G-44 be REPEALED. 17
529	529	The department shall maintain a confidential list of: 18
530	530	(a) The name, address, phone number, and registry identification card number of each 19
531	531	person to whom the department has issued a registry identification card; and 20
532	532	(b) The name, address, and phone number of a registered qualifying patient's parent 21
533	533	or legal guardian if the patient is under age eighteen. 22
534	534	The list may not be combined or linked in any manner with any other list or 23
535	535	database, nor may it be used for any purpose not provided for in this chapter. 24
536	536	Section 40. That § 34-20G-45 be REPEALED. 25
537	537	Within one hundred twenty days of July 1, 2021, the department shall establish a 26
538	538	secure phone or web-based verification system. The verification system shall allow law 27
539	539	enforcement personnel and medical cannabis establishments to enter a registry 28
540	540	identification number and determine whether the number corresponds with a current, valid 29
541	541	registry identification card. The system may disclose only: 30
542	542	(1) Whether the identification card is valid; 31 25.357.9 17 1101
543	543	Underscores indicate new language.
544	544	Overstrikes indicate deleted language.
545	545	(2) The name of the cardholder; 1
546	546	(3) Whether the cardholder is a qualifying patient or a designated caregiver; 2
547	547	(4) Whether the cardholder is permitted to cultivate cannabis plants; 3
548	548	(5) The registry identification number of any affiliated registered qualifying patient; 4
549	549	and 5
550	550	(6) The registry identification of the qualifying patient's dispensary or dispensaries, if 6
551	551	any. 7
552	552	Section 41. That § 34-20G-46 be REPEALED. 8
553	553	The following notifications are required: 9
554	554	(1) A registered qualifying patient shall notify the department of any change in the 10
555	555	applicant’s name or address, or if the patient ceases to have a debilitating medical 11
556	556	condition, within ten days of the change; 12
557	557	(2) A registered designated caregiver shall notify the department of any change in the 13
558	558	caregiver’s name or address, or if the caregiver becomes aware the qualifying 14
559	559	patient passed away, within ten days of the change; 15
560	560	(3) Before a registered qualifying patient changes a designated caregiver, the patient 16
561	561	shall notify the department; 17
562	562	(4) If a registered qualifying patient changes a preference as to who may cultivate 18
563	563	cannabis for the patient, the patient shall notify the department; 19
564	564	(5) If a cardholder loses a registry identification card, the cardholder shall notify the 20
565	565	department within ten days of becoming aware the card has been lost; and 21
566	566	(6) Before a registered qualifying patient changes a designated dispensary, the patient 22
567	567	shall notify the department. 23
568	568	Section 42. That § 34-20G-47 be REPEALED. 24
569	569	Any notification that a registered qualifying patient is required to make under this 25
570	570	chapter may be made by the patient's designated caregiver if the qualifying patient is 26
571	571	unable to make the notification due to age or medical condition. 27
572	572	Section 43. That § 34-20G-48 be REPEALED. 28
573	573	If a cardholder notifies the department of any item listed in § 34-20G-46, but 29
574	574	remains eligible under this chapter, the department shall issue the cardholder a new 30
575	575	registry identification card with a new random ten -digit alphanumeric identification 31 25.357.9 18 1101
576	576	Underscores indicate new language.
577	577	Overstrikes indicate deleted language.
578	578	number within ten days of receiving the updated information and a twenty dollar fee. If 1
579	579	the person notifying the department is a registered qualifying patient, the department 2
580	580	shall also issue the patient's registered designated caregiver, if any, a new registry 3
581	581	identification card within ten days of receiving the updated information. 4
582	582	Section 44. That § 34-20G-49 be REPEALED. 5
583	583	A registry identification card is void if the certifying practitioner notifies the 6
584	584	department in writing that: 7
585	585	(1) The registered qualifying patient has ceased to suffer from a debilitating medical 8
586	586	condition; or 9
587	587	(2) The practitioner no longer believes the patient would receive therapeutic or 10
588	588	palliative benefit from the medical use of cannabis. 11
589	589	The registered qualifying patient has fifteen days to dispose of any cannabis in the 12
590	590	registered qualifying patient's possession. 13
591	591	Section 45. That § 34-20G-50 be REPEALED. 14
592	592	A medical cannabis establishment shall notify the department within one business 15
593	593	day of any theft or significant loss of cannabis. 16
594	594	Section 46. That § 34-20G-51 be REPEALED. 17
595	595	Except as provided in § 34-20G-18 and this section, a person may assert the 18
596	596	medical purpose for using cannabis as a defense to any prosecution involving cannabis, 19
597	597	and such defense is presumed valid where the evidence shows that: 20
598	598	(1) A practitioner has stated that, in the practitioner's professional opinion, after 21
599	599	having completed a full assessment of the person's medical history and current 22
600	600	medical condition made in the course of a bona fide practitioner -patient 23
601	601	relationship, the patient has a debilitating medical condition and the potential 24
602	602	benefits of using cannabis for medical purposes would likely outweigh the health 25
603	603	risks for the person; 26
604	604	(2) The person was in possession of no more than three ounces of cannabis, the 27
605	605	amount of cannabis products allowed by department rules, two flowering cannabis 28
606	606	plants, two cannabis plants that are not flowering, and the cannabis produced by 29
607	607	those plants; 30 25.357.9 19 1101
608	608	Underscores indicate new language.
609	609	Overstrikes indicate deleted language.
610	610	(3) The person was engaged in the acquisition, possession, use, manufacture, 1
611	611	cultivation, or transportation of cannabis, paraphernalia, or both, relating to the 2
612	612	administration of cannabis to treat or alleviate the person's debilitating medical 3
613	613	condition or symptoms associated with the person's debilitating medical condition; 4
614	614	and 5
615	615	(4) Any cultivation of cannabis and storage of more than three ounces of cannabis 6
616	616	occurred in a secure location that only the person asserting the defense could 7
617	617	access. 8
618	618	Section 47. That § 34-20G-52 be REPEALED. 9
619	619	An affirmative defense and motion to dismiss shall fail if the prosecution proves 10
620	620	that: 11
621	621	(1) The person had a registry identification card revoked for misconduct; or 12
622	622	(2) The purpose for the possession or cultivation of cannabis was not solely for 13
623	623	palliative or therapeutic use by the person with a debilitating medical condition who 14
624	624	raised the defense. 15
625	625	Section 48. That § 34-20G-53 be REPEALED. 16
626	626	A person is not required to possess a registry identification card to raise the 17
627	627	affirmative defense set forth in § 34-20G-51. 18
628	628	Section 49. That § 34-20G-54 be REPEALED. 19
629	629	If a person demonstrates the person's medical purpose for using cannabis pursuant 20
630	630	to this chapter, except as provided in § 34-20G-18, the person is not subject to the 21
631	631	following for the person's use of cannabis for medical purposes: 22
632	632	(1) Disciplinary action by an occupational or professional licensing board or bureau; or 23
633	633	(2) Forfeiture of any interest in or right to any property other than cannabis. 24
634	634	Section 50. That § 34-20G-55 be REPEALED. 25
635	635	Not later than ninety days after receiving an application for a medical cannabis 26
636	636	establishment, the department shall register the prospective medical cannabis 27
637	637	establishment and issue a registration certificate and a random ten-digit alphanumeric 28
638	638	identification number if all of the following conditions are satisfied: 29
639	639	(1) The prospective medical cannabis establishment has submitted all of the following: 30 25.357.9 20 1101
640	640	Underscores indicate new language.
641	641	Overstrikes indicate deleted language.
642	642	(a) The application fee; 1
643	643	(b) An application, including: 2
644	644	(i) The legal name of the prospective medical cannabis establishment; 3
645	645	(ii) The physical address of the prospective medical cannabis 4
646	646	establishment that is not within one thousand feet of a public or 5
647	647	private school existing before the date of the medical cannabis 6
648	648	establishment application; 7
649	649	(iii) The name and date of birth of each principal officer and board 8
650	650	member of the proposed medical cannabis establishment; and 9
651	651	(iv) Any additional information requested by the department; 10
652	652	(c) Operating procedures consistent with rules for oversight of the proposed 11
653	653	medical cannabis establishment, including procedures to ensure accurate 12
654	654	record keeping and adequate security measures; 13
655	655	(d) If the city or county where the proposed medical cannabis establishment 14
656	656	would be located has enacted zoning restrictions, a sworn statement 15
657	657	certifying that the proposed medical cannabis establishment does not 16
658	658	violate the restrictions; 17
659	659	(e) If the city or county where the proposed medical cannabis establishment 18
660	660	requires a local registration, license, or permit, a copy of the registration, 19
661	661	license, or permit; 20
662	662	(2) None of the principal officers or board members has served as a principal officer or 21
663	663	board member for a medical cannabis establishment that has had its registration 22
664	664	certificate revoked; 23
665	665	(3) None of the principal officers or board members is under twenty-one years of age; 24
666	666	and 25
667	667	(4) At least one principal officer is a resident of this state. 26
668	668	Section 51. That § 34-20G-56 be REPEALED. 27
669	669	If the governing body of a county has enacted a numerical limit on the number of 28
670	670	medical cannabis establishments in the county and a greater number of applicants seek 29
671	671	registration, the department shall solicit and consider input from the county as to its 30
672	672	preference for registration. 31
673	673	If the governing body of a municipality has enacted a numerical limit on the number 32
674	674	of medical cannabis establishments in the municipality, and a greater number of applicants 33 25.357.9 21 1101
675	675	Underscores indicate new language.
676	676	Overstrikes indicate deleted language.
677	677	seek registration, the department shall solicit and consider input from the municipality as 1
678	678	to its preference for registration. 2
679	679	Section 52. That § 34-20G-57 be REPEALED. 3
680	680	The department shall issue a renewal registration certificate within forty-five days 4
681	681	of receipt of the prescribed renewal application and renewal fee from a medical cannabis 5
682	682	establishment. 6
683	683	Section 53. That § 34-20G-58 be REPEALED. 7
684	684	The governing body of a municipality may enact an ordinance not in conflict with 8
685	685	this chapter, regardless of whether it has enacted a zoning ordinance pursuant to title 11, 9
686	686	imposing: 10
687	687	(1) Restrictions on a medical cannabis establishment to govern the time, place, and 11
688	688	manner of operation; 12
689	689	(2) A limit on the number of medical cannabis establishments in the municipality; 13
690	690	(3) Reasonable setback requirements; 14
691	691	(4) Limitations on the proximity of a medical cannabis establishment to: 15
692	692	(a) Any sensitive land-use area, including a childcare facility, park, public 16
693	693	service facility, recreational facility, religious facility, school, and any 17
694	694	location frequented by individuals under the age of twenty-one; or 18
695	695	(b) Any other medical cannabis establishment; 19
696	696	(5) Requirements for a medical cannabis establishment to obtain a local license, 20
697	697	permit, or registration to operate; or 21
698	698	(6) Reasonable fees for any local license, permit, or registration. 22
699	699	The governing body of a county may enact an ordinance governing all matters set 23
700	700	forth in this section. The county ordinance applies throughout its jurisdiction, except within 24
701	701	the boundaries of a municipality that has enacted an ordinance in accordance with this 25
702	702	section. 26
703	703	A county or municipality may impose a civil penalty for the violation of an ordinance 27
704	704	enacted in accordance with this section. 28
705	705	Section 54. That § 34-20G-59 be REPEALED. 29 25.357.9 22 1101
706	706	Underscores indicate new language.
707	707	Overstrikes indicate deleted language.
708	708	No county or municipality may prohibit a dispensary, either expressly or through 1
709	709	the enactment of an ordinance that makes the operation of the dispensary impracticable 2
710	710	in the county or municipality. 3
711	711	Section 55. That § 34-20G-61 be REPEALED. 4
712	712	Each medical cannabis establishment shall conduct a background check into the 5
713	713	criminal history of each person seeking to become a principal officer, board member, 6
714	714	agent, volunteer, or employee before the person begins working at the medical cannabis 7
715	715	establishment. 8
716	716	Section 56. That § 34-20G-62 be REPEALED. 9
717	717	A medical cannabis establishment may not employ any person who: 10
718	718	(1) Was convicted of a disqualifying felony offense; or 11
719	719	(2) Is under twenty-one years of age. 12
720	720	Section 57. That § 34-20G-63 be REPEALED. 13
721	721	Each medical cannabis establishment shall have operating documents that include 14
722	722	procedures for the oversight of the medical cannabis establishment and procedures to 15
723	723	ensure accurate record keeping. 16
724	724	Section 58. That § 34-20G-64 be REPEALED. 17
725	725	A medical cannabis establishment shall implement appropriate security measures 18
726	726	designed to deter and prevent the theft of cannabis and unauthorized entrance into any 19
727	727	area containing cannabis. 20
728	728	Section 59. That § 34-20G-65 be REPEALED. 21
729	729	All cultivation, harvesting, manufacturing and packaging of cannabis shall take 22
730	730	place in a secure facility at a physical address provided to the department during the 23
731	731	registration process. The secure facility may only be accessed by agents of the medical 24
732	732	cannabis establishment, emergency personnel, and adults who are twenty -one years of 25
733	733	age and older and who are accompanied by a medical cannabis establishment agent. 26
734	734	Section 60. That § 34-20G-65.1 be REPEALED. 27 25.357.9 23 1101
735	735	Underscores indicate new language.
736	736	Overstrikes indicate deleted language.
737	737	A sample of cannabis or cannabis products submitted to a testing facility must be 1
738	738	collected by a designated representative of the testing facility. 2
739	739	A medical cannabis establishment shall ensure that testing is conducted on a 3
740	740	sample of cannabis or cannabis product immediately prior to the transfer of the cannabis 4
741	741	for retail sale or cannabis product in final form to another medical cannabis establishment. 5
742	742	Section 61. That § 34-20G-66 be REPEALED. 6
743	743	No medical cannabis establishment other than a cannabis product manufacturer 7
744	744	may produce cannabis concentrates, cannabis extractions, or other cannabis products. 8
745	745	Section 62. That § 34-20G-67 be REPEALED. 9
746	746	A medical cannabis establishment may not share office space with or refer a patient 10
747	747	to a practitioner. 11
748	748	Section 63. That § 34-20G-68 be REPEALED. 12
749	749	A medical cannabis establishment may not permit any person to consume cannabis 13
750	750	on the property of a medical cannabis establishment. 14
751	751	Section 64. That § 34-20G-69 be REPEALED. 15
752	752	A medical cannabis establishment is subject to inspection by the department during 16
753	753	business hours. 17
754	754	Section 65. That § 34-20G-70 be REPEALED. 18
755	755	A dispensary may not dispense more than three ounces of cannabis or a cannabis 19
756	756	product to a registered qualifying patient or a nonresident cardholder, directly or via a 20
757	757	designated caregiver, in any fourteen-day period. 21
758	758	Before cannabis or a cannabis product may be dispensed to a cardholder or 22
759	759	nonresident cardholder, a dispensary agent must verify: 23
760	760	(1) That the registry identification card or registration presented to the dispensary is 24
761	761	valid; 25
762	762	(2) The identity of the person by requiring the person to present a valid photographic 26
763	763	identification document issued by this state, another state, tribe, or the federal 27
764	764	government; and 28 25.357.9 24 1101
765	765	Underscores indicate new language.
766	766	Overstrikes indicate deleted language.
767	767	(3) Through the department's inventory tracking system, that the registered qualifying 1
768	768	patient or nonresident cardholder has not exceeded the allowable limit of cannabis 2
769	769	or cannabis product in the applicable fourteen-day period. 3
770	770	A dispensary agent may not dispense an amount of cannabis or cannabis product 4
771	771	to a person that would cause the person to possess more than the allowable amount of 5
772	772	cannabis. 6
773	773	Section 66. That § 34-20G-71 be REPEALED. 7
774	774	A dispensary shall maintain internal, confidential records specifying how much 8
775	775	cannabis is dispensed to a nonresident cardholder or registered qualifying patient and 9
776	776	whether it is dispensed directly to a registered qualifying patient or to the designated 10
777	777	caregiver. 11
778	778	Section 67. That § 34-20G-72 be REPEALED. 12
779	779	The department shall promulgate rules pursuant to chapter 1-26: 13
780	780	(1) Establishing the form and content of registration and renewal applications 14
781	781	submitted under this chapter and include the notice requirements set forth in § 34-15
782	782	20G-28.1; 16
783	783	(2) Establishing a system to numerically score competing medical cannabis 17
784	784	establishment applicants, in cases where more applicants apply than are allowed 18
785	785	by the local government, that includes analysis of: 19
786	786	(a) The preference of the local government; 20
787	787	(b) In the case of dispensaries, the suitability of the proposed location and its 21
788	788	accessibility for patients; 22
789	789	(c) The character, veracity, background, qualifications, and relevant experience 23
790	790	of principal officers and board members; and 24
791	791	(d) The business plan proposed by the applicant, that in the case of a cultivation 25
792	792	facility or dispensary shall include the ability to maintain an adequate supply 26
793	793	of cannabis, plans to ensure safety and security of patrons and the 27
794	794	community, procedures to be used to prevent diversion, and any plan for 28
795	795	making cannabis available to low-income registered qualifying patients; 29
796	796	(3) Governing the manner in which the department shall consider applications for and 30
797	797	renewals of registry identification cards, that may include creating a standardized 31
798	798	written certification form; 32 25.357.9 25 1101
799	799	Underscores indicate new language.
800	800	Overstrikes indicate deleted language.
801	801	(4) Governing medical cannabis establishments to ensure the health and safety of 1
802	802	qualifying patients and prevent diversion and theft without imposing an undue 2
803	803	burden or compromising the confidentiality of a cardholder, including: 3
804	804	(a) Oversight requirements; 4
805	805	(b) Record-keeping requirements; 5
806	806	(c) Security requirements, including lighting, physical security, and alarm 6
807	807	requirements; 7
808	808	(d) Health and safety regulations, including restrictions on the use of pesticides 8
809	809	that are injurious to human health; 9
810	810	(e) Standards for the manufacture of cannabis products and both the indoor 10
811	811	and outdoor cultivation of cannabis by a cultivation facility; 11
812	812	(f) Requirements for the transportation and storage of cannabis by a medical 12
813	813	cannabis establishment; 13
814	814	(g) Employment and training requirements, including requiring that each 14
815	815	medical cannabis establishment create an identification badge for each 15
816	816	agent; 16
817	817	(h) Standards for the safe manufacture of cannabis products, including extracts 17
818	818	and concentrates; 18
819	819	(i) Restrictions on the advertising, signage, and display of medical cannabis, 19
820	820	provided that the restrictions may not prevent appropriate signs on the 20
821	821	property of a dispensary, listings in business directories including phone 21
822	822	books, listings in marijuana-related or medical publications, or the 22
823	823	sponsorship of health or not-for-profit charity or advocacy events; 23
824	824	(j) Requirements and procedures for the safe and accurate packaging, labeling, 24
825	825	distribution, and tracking of medical cannabis; 25
826	826	(k) Certification standards for testing facilities, including requirements for 26
827	827	equipment and qualifications for personnel; and 27
828	828	(l) Requirements for samples of cannabis and cannabis products submitted to 28
829	829	testing facilities, including batch sizes to not exceed fifty pounds of cannabis 29
830	830	intended for retail sale, batch sizes for homogenous cannabis products 30
831	831	intended for retail sale, and procedures to ensure representative sampling; 31
832	832	(5) Establishing procedures for the suspension and termination of the registry 32
833	833	identification cards of cardholders who commit multiple or serious violations of this 33
834	834	chapter; 34
835	835	(6) Establishing procedures for: 35 25.357.9 26 1101
836	836	Underscores indicate new language.
837	837	Overstrikes indicate deleted language.
838	838	(a) The imposition of fines, not to exceed ten thousand dollars per inspection, 1
839	839	on a medical cannabis establishment that is found to have committed 2
840	840	multiple or serious violations of this chapter; and 3
841	841	(b) The probation, suspension, and termination of the registration certificate of 4
842	842	a medical cannabis establishment that commits multiple or serious 5
843	843	violations of this chapter; 6
844	844	(7) Establishing labeling requirements for cannabis and cannabis products, including 7
845	845	requiring cannabis product labels to include the following: 8
846	846	(a) The length of time it typically takes for a product to take effect; 9
847	847	(b) Disclosing ingredients and possible allergens; 10
848	848	(c) A nutritional fact panel; and 11
849	849	(d) Requiring that edible cannabis products be clearly identifiable, when 12
850	850	practicable, with a standard symbol indicating that it contains cannabis; 13
851	851	(8) Establishing procedures for the registration of nonresident cardholders and the 14
852	852	cardholder's designation of no more than two dispensaries, which shall require the 15
853	853	submission of: 16
854	854	(a) A practitioner's statement confirming that the patient has a debilitating 17
855	855	medical condition; and 18
856	856	(b) Documentation demonstrating that the nonresident cardholder is allowed to 19
857	857	possess cannabis or cannabis preparations in the jurisdiction where the 20
858	858	nonresident cardholder resides; 21
859	859	(9) Establishing the amount of cannabis products, including the amount of 22
860	860	concentrated cannabis, each cardholder and nonresident cardholder may possess; 23
861	861	and 24
862	862	(10) Establishing application and renewal fees for registration certificates, not to exceed 25
863	863	twenty thousand dollars, with this upper limit adjusted annually for inflation, with 26
864	864	the total fees collected sufficient to offset all costs related to program 27
865	865	implementation and administration; and 28
866	866	(11) Establishing application and renewal fees for registry identification cards and 29
867	867	nonresident cardholder registration as follows: 30
868	868	(a) Using a sliding scale of patient application and renewal fees based upon a 31
869	869	qualifying patient's household income; 32
870	870	(b) The fees charged to qualifying patients, nonresident cardholders, and 33
871	871	caregivers may not be greater than the costs of processing the application 34
872	872	and issuing a registry identification card or registration; and 35 25.357.9 27 1101
873	873	Underscores indicate new language.
874	874	Overstrikes indicate deleted language.
875	875	(c) The department may accept donations from private sources to reduce 1
876	876	application and renewal fees. 2
877	877	A violation of a required or prohibited action under any rule authorized by this 3
878	878	section is a Class 2 misdemeanor. 4
879	879	Section 68. That § 34-20G-73 be REPEALED. 5
880	880	A cardholder or medical cannabis establishment who fails to provide a notice 6
881	881	required by this chapter is subject to a civil penalty of no more than one hundred fifty 7
882	882	dollars. Any civil penalty collected shall be deposited in the state general fund. 8
883	883	Section 69. That § 34-20G-74 be REPEALED. 9
884	884	In addition to any other penalty under law, a medical cannabis establishment or 10
885	885	an agent of a medical cannabis establishment who intentionally sells or otherwise transfers 11
886	886	cannabis in exchange for anything of value to a person other than a cardholder, a 12
887	887	nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a 13
888	888	Class 6 felony. A person convicted under this section may not continue to be affiliated with 14
889	889	the medical cannabis establishment and is disqualified from any future affiliation with any 15
890	890	medical cannabis establishment under this chapter. 16
891	891	Section 70. That § 34-20G-75 be REPEALED. 17
892	892	In addition to any other penalty under law, a cardholder or nonresident cardholder 18
893	893	who intentionally sells or otherwise transfers cannabis in exchange for anything of value 19
894	894	to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis 20
895	895	establishment or its agent is guilty of a Class 6 felony. 21
896	896	Section 71. That § 34-20G-76 be REPEALED. 22
897	897	A person who intentionally makes a false statement to a law enforcement official 23
898	898	about any fact or circumstance relating to the medical use of cannabis to avoid arrest or 24
899	899	prosecution is guilty of a Class 2 misdemeanor. The penalty is in addition to any other 25
900	900	penalty that may apply for making a false statement or for the possession, cultivation, or 26
901	901	sale of cannabis not protected by this chapter. If a person convicted of violating this 27
902	902	section is a cardholder, the person is disqualified from being a cardholder under this 28
903	903	chapter. 29 25.357.9 28 1101
904	904	Underscores indicate new language.
905	905	Overstrikes indicate deleted language.
906	906	Section 72. That § 34-20G-77 be REPEALED. 1
907	907	A person who knowingly submits false records or documentation required by the 2
908	908	department to certify a medical cannabis establishment under this chapter is guilty of 3
909	909	Class 6 felony. 4
910	910	Section 73. That § 34-20G-78 be REPEALED. 5
911	911	A practitioner is guilty of a Class 2 misdemeanor if the practitioner: 6
912	912	(1) Knowingly refers a patient to a medical cannabis establishment or to a designated 7
913	913	caregiver in exchange for financial consideration; 8
914	914	(2) Advertises in a medical cannabis establishment; 9
915	915	(3) Issues written certifications while holding a financial interest in a medical cannabis 10
916	916	establishment; 11
917	917	(4) Offers a discount, deal, or other financial incentive for making an appointment with 12
918	918	the practitioner for the purpose of receiving a written certification; 13
919	919	(5) Conducts the medical assessment required for a bona fide practitioner -patient 14
920	920	relationship in a space licensed for the sale of alcoholic beverages; or 15
921	921	(6) Charges a patient based on the term of a written certification issued to the patient. 16
922	922	Section 74. That § 34-20G-78.1 be REPEALED. 17
923	923	An entity is guilty of a Class 2 misdemeanor if the entity: 18
924	924	(1) Offers a discount, deal, or other financial incentive for making an appointment with 19
925	925	a practitioner for the purpose of receiving a written certification; or 20
926	926	(2) Charges a practitioner's patient based on the duration of a written certification 21
927	927	issued to the patient. 22
928	928	Section 75. That § 34-20G-78.2 be REPEALED. 23
929	929	If a practitioner or an immediate family member of the practitioner has a financial 24
930	930	relationship with a medical cannabis clinic, the practitioner may not knowingly refer a 25
931	931	patient to that clinic for the purpose of receiving a written certification under this chapter. 26
932	932	For purposes of this section, a "financial relationship" means an ownership or 27
933	933	investment interest in the medical cannabis clinic, or a compensation arrangement 28
934	934	between the practitioner or the practitioner's immediate family member and the clinic. 29 25.357.9 29 1101
935	935	Underscores indicate new language.
936	936	Overstrikes indicate deleted language.
937	937	An ownership or investment interest may be through equity, debt, or other means 1
938	938	and includes an interest in an entity that holds an ownership or investment interest in the 2
939	939	medical cannabis clinic. 3
940	940	The prohibition of this section does not apply: 4
941	941	(1) If the services offered at the medical cannabis clinic are being provided by another 5
942	942	practitioner in the same group practice as the referring practitioner; 6
943	943	(2) To a compensation arrangement, between the practitioner or the practitioner's 7
944	944	immediate family member and the medical cannabis clinic, consisting of payments 8
945	945	under the terms of a written lease that: 9
946	946	(a) Is signed by all the parties; 10
947	947	(b) Specifies the premises covered by the lease, provided the premises do not 11
948	948	exceed the space that is reasonable and necessary for the legitimate 12
949	949	business purposes of the lease and further provided that the premises, aside 13
950	950	from common areas, are used exclusively by the lessee; 14
951	951	(c) Has a duration of at least twelve months; and 15
952	952	(d) Specifies the rental charges over the term of the lease, provided the charges 16
953	953	are consistent with fair market value, and are not determined in a manner 17
954	954	that takes into account the volume or value of any referrals or other 18
955	955	business generated between the parties; 19
956	956	(3) To a bona fide employment relationship under which an immediate family member 20
957	957	of the practitioner is employed by the clinic for identifiable services, and receives 21
958	958	remuneration for those services in an amount that: 22
959	959	(a) Is consistent with the fair market value of the services; and 23
960	960	(b) Is not determined in a manner that takes into account, directly or indirectly, 24
961	961	the volume or value of any referrals by the referring practitioner; and 25
962	962	(4) To an isolated transaction, such as a one-time sale of property. 26
963	963	Any practitioner who knowingly refers a patient to a medical cannabis clinic, with 27
964	964	which the practitioner or an immediate family member of the practitioner has a financial 28
965	965	relationship, is guilty of a Class 2 misdemeanor. 29
966	966	Section 76. That § 34-20G-79 be REPEALED. 30
967	967	It is a Class 2 misdemeanor for any person, including an employee or official of the 31
968	968	department or another state agency or local government, to breach the confidentiality of 32
969	969	information obtained under this chapter. 33 25.357.9 30 1101
970	970	Underscores indicate new language.
971	971	Overstrikes indicate deleted language.
972	972	Section 77. That § 34-20G-80 be REPEALED. 1
973	973	The department may, after notice and hearing in accordance with chapter 1-26, 2
974	974	impose probation, impose a fine, suspend, or revoke a registration certificate for multiple 3
975	975	negligent or knowing violations of this chapter, or for a serious and knowing violation of 4
976	976	this chapter, by the registrant or any of its agents. 5
977	977	The department may not: 6
978	978	(1) Impose a probation period that exceeds six months; or 7
979	979	(2) Suspend a registration certificate for a period that exceeds six months, except for 8
980	980	a serious violation of patient health and safety, in which case the suspension may 9
981	981	not exceed one year. 10
982	982	Section 78. That § 34-20G-81 be REPEALED. 11
983	983	The department shall provide notice of probation, fine, suspension, or revocation 12
984	984	by mailing the same in writing to the medical cannabis establishment at the address on 13
985	985	the registration certificate. 14
986	986	Section 79. That § 34-20G-82 be REPEALED. 15
987	987	A medical cannabis establishment may continue to possess cannabis during a 16
988	988	suspension, but it may not dispense, transfer, or sell cannabis. A cultivation facility may 17
989	989	continue to cultivate and possess cannabis plants during a suspension, but it may not 18
990	990	dispense, transfer, or sell cannabis. 19
991	991	Section 80. That § 34-20G-83 be REPEALED. 20
992	992	The department shall immediately revoke the registry identification card of any 21
993	993	cardholder who sells cannabis to a person who is not allowed to possess cannabis for 22
994	994	medical purposes under this chapter, and the cardholder is disqualified from being a 23
995	995	cardholder under this chapter. 24
996	996	Section 81. That § 34-20G-84 be REPEALED. 25
997	997	The department may revoke the registry identification card of any cardholder who 26
998	998	knowingly commits multiple unintentional violations or a serious knowing violation of this 27
999	999	chapter. 28
1000	1000	Section 82. That § 34-20G-85 be REPEALED. 29 25.357.9 31 1101
1001	1001	Underscores indicate new language.
1002	1002	Overstrikes indicate deleted language.
1003	1003	Revocation under § 34-20G-80, 34-20G-83, or 34-20G-84 is a final decision of the 1
1004	1004	department subject to judicial review. 2
1005	1005	Section 83. That § 34-20G-86 be REPEALED. 3
1006	1006	Data in a registration application and supporting data submitted by a qualifying 4
1007	1007	patient, designated caregiver, nonresident cardholder, or medical cannabis establishment, 5
1008	1008	including data on designated caregiver or practitioner, is not a public record open to public 6
1009	1009	access, inspection, or copying under chapter 1-27. All other public records concerning 7
1010	1010	registered medical cannabis establishments are governed by chapter 1-27. 8
1011	1011	Section 84. That § 34-20G-87 be REPEALED. 9
1012	1012	Except as provided in § 34-20E-2, data kept or maintained by the department may 10
1013	1013	not be used for any purpose not provided for in this chapter and may not be combined or 11
1014	1014	linked in any manner with any other list or database. 12
1015	1015	Section 85. That § 34-20G-88 be REPEALED. 13
1016	1016	Confidential data or data that is not a public record kept or maintained by the 14
1017	1017	department may only be disclosed as necessary to: 15
1018	1018	(1) Verify a registration certificate or registry identification card pursuant to this 16
1019	1019	chapter; 17
1020	1020	(2) Notify law enforcement of an apparent criminal violation of this chapter or respond 18
1021	1021	to law enforcement or prosecutorial officials engaged in the investigation or 19
1022	1022	enforcement of the criminal provisions of this chapter; 20
1023	1023	(3) Notify state and local law enforcement about falsified or fraudulent information 21
1024	1024	submitted for the purpose of obtaining or renewing a registry identification card; 22
1025	1025	(4) Notify the applicable licensing board if there is reason to believe that a practitioner 23
1026	1026	has violated the standard of care for evaluating a medical condition; or respond to 24
1027	1027	the board, if the board is seeking data relevant to an investigation of a person who 25
1028	1028	holds a license issued by the board; 26
1029	1029	(5) Any judicial authority under grand jury subpoena or court order or equivalent 27
1030	1030	judicial process for investigation of criminal, civil, or administrative violations 28
1031	1031	related to the use of medical cannabis; 29
1032	1032	(6) An authorized employee of the department performing official duties associated 30
1033	1033	with the medical cannabis program; 31 25.357.9 32 1101
1034	1034	Underscores indicate new language.
1035	1035	Overstrikes indicate deleted language.
1036	1036	(7) A practitioner to determine if a person in the practitioner's care engages in the 1
1037	1037	medical use of cannabis so the practitioner may assess possible drug interactions 2
1038	1038	or assess other medically necessary concerns; or 3
1039	1039	(8) Comply with the reporting requirement in § 34-20G-88.1. 4
1040	1040	Section 86. That § 34-20G-88.1 be REPEALED. 5
1041	1041	The department shall submit the name and date of birth of a qualifying patient who 6
1042	1042	receives a registry identification card to the prescription drug monitoring program 7
1043	1043	authorized pursuant to chapter 34-20E. 8
1044	1044	Section 87. That § 34-20G-89 be REPEALED. 9
1045	1045	Except as otherwise provided in this section, information kept or maintained by a 10
1046	1046	medical cannabis establishment may identify a cardholder only by registry identification 11
1047	1047	number and may not contain names or other personally identifiable information. 12
1048	1048	A cardholder may, in writing, authorize an establishment to maintain the 13
1049	1049	cardholder's name and other personally identifiable information, for the limited purpose 14
1050	1050	of receiving direct communication regarding the cardholder's: 15
1051	1051	(1) Individual medical needs; or 16
1052	1052	(2) Use of a specific product. 17
1053	1053	Section 88. That § 34-20G-90 be REPEALED. 18
1054	1054	At the cardholder's request, the department may confirm the cardholder's status 19
1055	1055	as a registered qualifying patient or a registered designated caregiver to a third party, 20
1056	1056	such as a landlord, school, medical professional, or court. 21
1057	1057	Section 89. That § 34-20G-91 be REPEALED. 22
1058	1058	Any department hard drive or other data-recording media that is no longer in use 23
1059	1059	and that contains cardholder information shall be destroyed. 24
1060	1060	Section 90. That § 34-20G-92 be REPEALED. 25
1061	1061	The Executive Board of the Legislative Research Council shall appoint an oversight 26
1062	1062	committee consisting of: 27
1063	1063	(1) Two members of the Senate; 28
1064	1064	(2) Two members of the House of Representatives; 29 25.357.9 33 1101
1065	1065	Underscores indicate new language.
1066	1066	Overstrikes indicate deleted language.
1067	1067	(3) One physician licensed in accordance with chapter 36-4; 1
1068	1068	(4) One physician assistant licensed in accordance with chapter 36-4A; 2
1069	1069	(5) One certified nurse practitioner licensed in accordance with chapter 36-9A; 3
1070	1070	(6) One chief of police for a municipality having a population in excess of fifty -4
1071	1071	thousand, or a representative of the police department designated by the chief; 5
1072	1072	(7) One sheriff of a county or a representative of the sheriff's office designated by the 6
1073	1073	sheriff; 7
1074	1074	(8) One professional counselor licensed in accordance with chapter 36-32 or one 8
1075	1075	addiction counselor licensed in accordance with chapter 36-34; and 9
1076	1076	(9) One qualifying patient. 10
1077	1077	Each appointee shall serve for a term of two years and may be reappointed. 11
1078	1078	Section 91. That § 34-20G-92.1 be REPEALED. 12
1079	1079	Beginning in 2023, and every two years thereafter, the oversight committee shall 13
1080	1080	select from among itself one legislator to serve as the chair and one legislator, from the 14
1081	1081	opposite chamber, to serve as the vice chair. 15
1082	1082	Beginning in 2025, the legislators selected to serve as the chair and vice chair may 16
1083	1083	not be from the same chamber as their immediate predecessors. 17
1084	1084	Section 92. That § 34-20G-93 be REPEALED. 18
1085	1085	The oversight committee shall meet at least two times per year for the purpose of 19
1086	1086	evaluating and making recommendations to the Legislature and the department 20
1087	1087	regarding: 21
1088	1088	(1) The ability of qualifying patients in all areas of the state to obtain timely access to 22
1089	1089	high-quality medical cannabis; 23
1090	1090	(2) The effectiveness of the dispensaries and cultivation facilities, individually and 24
1091	1091	together, in serving the needs of qualifying patients, including the provision of 25
1092	1092	educational and support services by dispensaries, the reasonableness of their 26
1093	1093	prices, whether they are generating any complaints or security problems, and the 27
1094	1094	sufficiency of the number operating to serve the state's registered qualifying 28
1095	1095	patients; 29
1096	1096	(3) The effectiveness of the cannabis testing facilities, including whether a sufficient 30
1097	1097	number are operating; 31 25.357.9 34 1101
1098	1098	Underscores indicate new language.
1099	1099	Overstrikes indicate deleted language.
1100	1100	(4) The sufficiency of the regulatory and security safeguards contained in this chapter 1
1101	1101	and adopted by the department to ensure that access to and use of cannabis 2
1102	1102	cultivated is provided only to cardholders; 3
1103	1103	(5) Any recommended additions or revisions to the department regulations or this 4
1104	1104	chapter, including recommendations relating to security, safe handling, labeling, 5
1105	1105	and nomenclature; 6
1106	1106	(6) Any research studies regarding health effects of medical cannabis for patients; and 7
1107	1107	(7) Any medical and clinical aspects of the medical cannabis program. 8
1108	1108	The oversight committee shall ensure that it seeks relevant input from qualifying 9
1109	1109	patients; designated caregivers; pharmacists; school boards and administrators; parents; 10
1110	1110	municipal representatives; state agencies, including the Department of Health, the South 11
1111	1111	Dakota Division of Criminal Investigation, and the Department of Public Safety; and 12
1112	1112	medical cannabis establishments. 13
1113	1113	Section 93. That § 34-20G-94 be REPEALED. 14
1114	1114	The department shall report annually to the Legislature on the number of 15
1115	1115	applications for registry identification cards received; the number of qualifying patients 16
1116	1116	and designated caregivers approved; the number of registry identification cards revoked; 17
1117	1117	the number of each type of medical cannabis establishment registered; the expenses 18
1118	1118	incurred and revenues generated from the medical cannabis program; the number of 19
1119	1119	patient cardholders by medical condition; qualifying patient demographics by age and sex; 20
1120	1120	the number and specialty of the practitioners providing written certifications; the number 21
1121	1121	of medical cannabis establishments by type; the number of licensing violations determined 22
1122	1122	by the department; the impact of medical cannabis on public safety, public health, and 23
1123	1123	behavioral health services; any other information regarding the effects of medical 24
1124	1124	cannabis on the public; and any recommendations. The department may not include 25
1125	1125	identifying information on a qualifying patient, designated caregiver, or practitioner in the 26
1126	1126	report. 27
1127	1127	Section 94. That § 34-20G-95 be REPEALED. 28
1128	1128	The Department of Education and the department shall establish policy to allow 29
1129	1129	students who are medical cannabis cardholders to have their medicine administered in 30
1130	1130	school in accordance with their physician's recommendation. This policy shall be 31
1131	1131	implemented the first day of the new school year following passage of this chapter. The 32 25.357.9 35 1101
1132	1132	Underscores indicate new language.
1133	1133	Overstrikes indicate deleted language.
1134	1134	departments shall implement substantively identical provisions to Colorado Revised 1
1135	1135	Statute 22-1-119.3 as of January 1, 2019. 2
1136	1136	Section 95. That § 34-20G-96 be REPEALED. 3
1137	1137	In order for an individual who is serving a probationary sentence under the 4
1138	1138	supervision of the Unified Judicial System or who is on conditional release or parole from 5
1139	1139	a state correctional facility under the legal custody of the Department of Corrections to 6
1140	1140	utilize medical cannabis, the individual's practitioner must attest that the use of medical 7
1141	1141	cannabis is: 8
1142	1142	(1) Consistent with the medical standard of care for the treatment of the individual’s 9
1143	1143	documented debilitating medical condition and any symptoms associated with the 10
1144	1144	debilitating medical condition; 11
1145	1145	(2) Reasonable in light of the practitioner’s observation and the individual's physical 12
1146	1146	examination, diagnostic test results, medical history, and reported symptoms; and 13
1147	1147	(3) Reasonable in light of the risks and benefits of medical cannabis as compared to 14
1148	1148	the risks and benefits of other treatment options for the individual’s debilitating 15
1149	1149	medical condition and any symptoms associated with the debilitating medical 16
1150	1150	condition. 17