25.357.9 100th Legislative Session 1101
2025 South Dakota Legislature
House Bill 1101
Introduced by: Representative Ismay
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An Act to repeal provisions related to medical marijuana. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 34-20E-2 be AMENDED: 3
34-20E-2. The board shall establish and maintain a prescription drug monitoring 4
program to monitor the prescribing and dispensing of all controlled substances. The 5
program shall must utilize a central repository, to which each dispenser shall submit, by 6
electronic means, information regarding each prescription dispensed for a controlled 7
substance. The information submitted for each prescription must include specifically 8
identified data elements adopted by the board and contained in the 2011 version of the 9
electronic reporting standard for prescription monitoring programs, version 4.2 of the 10
American Society for Automation in Pharmacy. 11
The program must include the names of qualifying patients who receive a registry 12
identification card, as defined in § 34-20G-1, submitted by the Department of Health 13
American Society for Automation in Pharmacy Version 4.2 Standard for Prescription Drug 14
Monitoring Programs. 15
Section 2. That § 34-20G-1 be REPEALED. 16
Terms used in this chapter mean: 17
(1) "Allowable amount of cannabis,": 18
(a) Three ounces of cannabis or less; 19
(b) The quantity of cannabis products as established by rules promulgated by 20
the department under § 34-20G-72; 21
(c) If the cardholder has a registry identification card allowing cultivation, two 22
flowering cannabis plants and two cannabis plants that are not flowering; 23
and 24 25.357.9 2 1101
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(d) If the cardholder has a registry identification card allowing cultivation, the 1
amount of cannabis and cannabis products that were produced from the 2
cardholder's allowable plants, if the cannabis and cannabis products are 3
possessed at the same property where the plants were cultivated; 4
(2) "Bona fide practitioner-patient relationship," a treatment or consulting relationship 5
between a practitioner and patient, during which: 6
(a) The practitioner completes, at the initial visit, an assessment of the patient's 7
medical history and current medical condition, including an appropriate in-8
person physical examination; 9
(b) The patient is under the practitioner's care for the debilitating medical 10
condition that qualifies the patient for the medical use of cannabis or has 11
been referred by the practitioner caring for the patient's debilitating medical 12
condition that qualifies the patient for the medical use of cannabis to 13
another practitioner; 14
(c) The patient has a reasonable expectation that the practitioner providing the 15
written certification will continue to provide follow-up care to the patient to 16
monitor the medical use of cannabis; and 17
(d) The relationship is not for the sole purpose of providing a written 18
certification for the medical use of cannabis unless the patient has been 19
referred by a practitioner providing care for the debilitating medical 20
condition that qualifies the patient for the medical use of cannabis; 21
(3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products 22
that are infused with cannabis or an extract thereof, and are intended for use or 23
consumption by humans. The term includes edible cannabis products, beverages, 24
topical products, ointments, oils, and tinctures; 25
(4) "Cannabis product manufacturing facility," an entity registered with the 26
department pursuant to this chapter that acquires, possesses, manufactures, 27
delivers, transfers, transports, supplies, or sells cannabis products to a medical 28
cannabis dispensary; 29
(5) "Cannabis testing facility" or "testing facility," an independent entity registered 30
with the department pursuant to this chapter to analyze the safety and potency of 31
cannabis; 32
(6) "Cardholder," a qualifying patient or a designated caregiver who has been issued 33
and possesses a valid registry identification card; 34 25.357.9 3 1101
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(7) "Cultivation facility," an entity registered with the department pursuant to this 1
chapter that acquires, possesses, cultivates, delivers, transfers, transports, 2
supplies, or sells cannabis and related supplies to a medical cannabis 3
establishment; 4
(8) "Debilitating medical condition,": 5
(a) A chronic or debilitating disease or medical condition or its treatment that 6
produces one or more of the following: cachexia or wasting syndrome; 7
severe, debilitating pain; severe nausea, except nausea associated with 8
pregnancy; seizures; or severe and persistent muscle spasms; 9
(b) Acquired immune deficiency syndrome or positive status for human 10
immunodeficiency virus; 11
(c) Amyotrophic lateral sclerosis; 12
(d) Multiple sclerosis; 13
(e) Cancer or its treatment, if associated with severe or chronic pain, nausea 14
or severe vomiting, or cachexia or severe wasting; 15
(f) Crohn's disease; 16
(g) Epilepsy and seizures; or 17
(h) Post-traumatic stress disorder; 18
(9) "Department," the Department of Health; 19
(10) "Designated caregiver," an individual who: 20
(a) Is at least twenty-one years of age; 21
(b) Has agreed to assist with a qualifying patient's medical use of cannabis; 22
(c) Has not been convicted of a disqualifying felony offense; and 23
(d) Assists no more than five qualifying patients with the medical use of 24
cannabis, unless the designated caregiver's qualifying patients each reside 25
in or are admitted to a health care facility, as defined in § 34-12-1.1, an 26
accredited prevention or treatment facility, as defined in § 34-20A-2, a 27
mental health center, as defined in § 27A-1-1, a child welfare agency, as 28
defined in § 26-6-1, or a community support provider or community 29
services provider, as defined in § 27B-1-17, where the designated caregiver 30
is employed; 31
(11) "Disqualifying felony offense," a violent crime that was classified as a felony in the 32
jurisdiction where the person was convicted; 33
(12) "Edible cannabis products," any product that: 34
(a) Contains or is infused with cannabis or an extract thereof; 35 25.357.9 4 1101
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(b) Is intended for human consumption by oral ingestion; and 1
(c) Is presented in the form of foodstuffs, beverages, oils, tinctures, or other 2
similar products; 3
(13) "Enclosed, locked facility," any closet, room, greenhouse, building, or other 4
enclosed area that is equipped with locks or other security devices that permit 5
access only by a cardholder or a person allowed to cultivate the plants. Two or 6
more cardholders who reside in the same dwelling may share one enclosed, locked 7
facility for cultivation; 8
(14) "Flowering cannabis plant," the reproductive state of the cannabis plant in which 9
the plant shows physical signs of flower budding out of the nodes of the stem; 10
(15) "Medical cannabis" or "cannabis," marijuana as defined in § 22-42-1; 11
(16) "Medical cannabis dispensary" or "dispensary," an entity registered with the 12
department pursuant to this chapter that acquires, possesses, stores, delivers, 13
transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, 14
paraphernalia, or related supplies and educational materials to cardholders; 15
(17) "Medical cannabis establishment," a cultivation facility, a cannabis testing facility, 16
a cannabis product manufacturing facility, or a dispensary; 17
(18) "Medical cannabis establishment agent," an owner, officer, board member, 18
employee, or volunteer at a medical cannabis establishment; 19
(19) "Medical use," includes the acquisition, administration, cultivation, manufacture, 20
delivery, harvest, possession, preparation, transfer, transportation, or use of 21
cannabis or paraphernalia relating to the administration of cannabis to treat or 22
alleviate a registered qualifying patient's debilitating medical condition or symptom 23
associated with the patient's debilitating medical condition. The term does not 24
include: 25
(a) The cultivation of cannabis by a nonresident cardholder; 26
(b) The cultivation of cannabis by a cardholder who is not designated as being 27
allowed to cultivate on the cardholder's registry identification card; or 28
(c) The extraction of resin from cannabis by solvent extraction unless the 29
extraction is done by a cannabis product manufacturing facility; 30
(20) "Nonresident cardholder," a person who: 31
(a) Has been diagnosed with a debilitating medical condition, or is the parent, 32
guardian, conservator, or other person with authority to consent to the 33
medical treatment of a person who has been diagnosed with a debilitating 34
medical condition; 35 25.357.9 5 1101
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(b) Is not a resident of this state or who has been a resident of this state for 1
fewer than forty-five days; 2
(c) Was issued a currently valid registry identification card or its equivalent by 3
another state, district, territory, commonwealth, insular possession of the 4
United States, or country recognized by the United States that allows the 5
person to use cannabis for medical purposes in the jurisdiction of issuance; 6
and 7
(d) Has submitted any documentation required by the department, and has 8
received confirmation of registration; 9
(21) "Practitioner," a physician, physician assistant, or advanced practice registered 10
nurse, who is licensed with authority to prescribe drugs to humans. In relation to 11
a nonresident cardholder, the term means a person who is licensed with authority 12
to prescribe drugs to humans in the state of the patient's residence; 13
(22) "Qualifying patient," a person who has been diagnosed by a practitioner as having 14
a debilitating medical condition; 15
(23) "Registry identification card," a document issued by the department that identifies 16
a person as a registered qualifying patient or registered designated caregiver, or 17
documentation that is deemed a registry identification card pursuant to §§ 34-20G-18
29 to 34-20G-42, inclusive; 19
(24) "Safety-sensitive job," any position with tasks or duties that an employer 20
reasonably believes could: 21
(a) Cause the illness, injury, or death of an individual; or 22
(b) Result in serious property damage; 23
(25) "Under the influence of cannabis," any abnormal mental or physical condition that 24
tends to deprive a person of clearness of intellect and control that the person would 25
otherwise possess, as the result of consuming any degree of cannabis or cannabis 26
products; and 27
(26) "Written certification," a document dated and signed by a practitioner: 28
(a) Stating that the patient has a qualifying debilitating medical condition or 29
symptom associated with the debilitating medical condition; 30
(b) Affirming that the document is made in the course of a bona fide 31
practitioner-patient relationship; 32
(c) Specifying the qualifying patient's debilitating medical condition; and 33
(d) Specifying the expiration date of the qualifying patient's written 34
certification, pursuant to § 34-20G-43; and 35 25.357.9 6 1101
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(e) Specifying whether the practitioner has previously issued the patient a 1
written certification and the date of that written certification. 2
Section 3. That § 34-20G-2 be REPEALED. 3
A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial 4
of any right or privilege, including any civil penalty or disciplinary action by a court or 5
occupational or professional licensing board or bureau, for: 6
(l) The medical use of cannabis in accordance with this chapter, if the cardholder does 7
not possess more than the allowable amount of cannabis, and if any cannabis plant 8
is either cultivated in an enclosed, locked facility or is being transported; 9
(2) Reimbursement by a registered qualifying patient to the patient's registered 10
designated caregiver for direct costs incurred by the registered designated 11
caregiver for assisting with the registered qualifying patient's medical use of 12
cannabis; 13
(3) Transferring the cannabis to a testing facility; 14
(4) Compensating a dispensary or a testing facility for goods or services provided; 15
(5) Selling, transferring, or delivering cannabis seeds produced by the cardholder to a 16
cultivation facility or dispensary; or 17
(6) Offering or providing cannabis to a cardholder for a registered qualifying patient's 18
medical use, to a nonresident cardholder, or to a dispensary if nothing of value is 19
transferred in return and the person giving the cannabis does not knowingly cause 20
the recipient to possess more than the allowable amount of cannabis. 21
Section 4. That § 34-20G-3 be REPEALED. 22
No nonresident cardholder is subject to arrest, prosecution, or penalty in any 23
manner, or denied any right or privilege, including civil penalty or disciplinary action by a 24
business or occupational or professional licensing board or entity, for transporting, 25
purchasing, possessing, or using medical cannabis in accordance with this chapter if the 26
nonresident cardholder does not possess more than three ounces of cannabis and the 27
quantity of cannabis products established by rules promulgated by the department under 28
§ 34-20G-72. 29
Section 5. That § 34-20G-4 be REPEALED. 30 25.357.9 7 1101
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There is a presumption that a qualifying patient or designated caregiver is engaged 1
in the medical use of cannabis in accordance with this chapter if the cardholder is in 2
possession of a registry identification card and an amount of cannabis that does not exceed 3
the allowable amount of cannabis. The presumption may be rebutted by evidence that 4
conduct related to cannabis was not for the purpose of treating or alleviating a qualifying 5
patient's debilitating medical condition or symptom associated with the qualifying patient's 6
debilitating medical condition under this chapter. 7
Section 6. That § 34-20G-5 be REPEALED. 8
No practitioner is subject to arrest, prosecution, or penalty of any kind, or denied 9
any right or privilege, including civil penalty or disciplinary action by the South Dakota 10
Board of Medical and Osteopathic Examiners or by any other occupational or professional 11
licensing board or bureau, solely for providing written certifications or for otherwise stating 12
that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or 13
palliative benefit from the medical use of cannabis to treat or alleviate the patient's serious 14
or debilitating medical condition or symptoms associated with the serious or debilitating 15
medical condition. Nothing in this chapter prevents a practitioner from being sanctioned 16
for: 17
(1) Issuing a written certification to a patient with whom the practitioner does not have 18
a bona fide practitioner-patient relationship; or 19
(2) Failing to properly evaluate a patient's medical condition. 20
Section 7. That § 34-20G-5.1 be REPEALED. 21
Nothing in this chapter authorizes a practitioner to provide a written certification 22
to a patient who is pregnant or breastfeeding. 23
Section 8. That § 34-20G-5.2 be REPEALED. 24
If a practitioner issues a written certification under this chapter, and if the 25
practitioner is neither the patient's primary care provider nor a specialty provider caring 26
for the patient's debilitating medical condition, the practitioner shall, upon issuing the 27
certification, provide electronic notification of the issuance: 28
(1) To the patient's primary care provider; or 29
(2) To the referring practitioner, if that individual is caring for the patient's debilitating 30
medical condition. 31 25.357.9 8 1101
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The patient's primary care provider or the referring practitioner shall include any 1
notification received in accordance with this section in the patient's medical file. 2
Section 9. That § 34-20G-6 be REPEALED. 3
No person licensed by the state or any other governmental entity to engage in any 4
profession, occupation, or other activity is subject to disciplinary action, denial of the rights 5
and privileges of such license, or otherwise penalized by the licensing authority for lawfully 6
engaging in any activity authorized under this chapter or providing any service to a person 7
engaged in activity that is authorized by this chapter merely because that activity is 8
prohibited by federal law. 9
Section 10. That § 34-20G-7 be REPEALED. 10
No person is subject to arrest, prosecution, or penalty of any kind, or may be 11
denied any right or privilege, including any civil penalty or disciplinary action by a court 12
or occupational or professional licensing board or bureau, for: 13
(1) Providing or selling cannabis paraphernalia to a cardholder, nonresident 14
cardholder, or to a medical cannabis establishment; 15
(2) Being in the presence or vicinity of the medical use of cannabis that is exempt from 16
criminal or civil penalty by this chapter; 17
(3) Allowing the person's property to be used for an activity that is exempt from 18
criminal or civil penalty by this chapter; or 19
(4) Assisting a registered qualifying patient with the act of using or administering 20
cannabis. 21
Section 11. That § 34-20G-12 be REPEALED. 22
A cardholder, nonresident cardholder, or the equivalent of a medical cannabis 23
establishment that is registered in another jurisdiction may sell or donate cannabis seeds 24
to a cultivation facility in this state. 25
Section 12. That § 34-20G-13 be REPEALED. 26
Any cannabis, cannabis product, cannabis paraphernalia, or other interest in or 27
right to property that is possessed, owned, or used in connection with the medical use of 28
cannabis as allowed under this chapter, or acts incidental to such use, may not be seized 29
or forfeited. This chapter does not prevent the seizure or forfeiture of cannabis exceeding 30 25.357.9 9 1101
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the amount allowed under this chapter, or prevent seizure or forfeiture if the basis for the 1
action is unrelated to the cannabis that is possessed, manufactured, transferred, or used 2
in accordance with this chapter. 3
Section 13. That § 34-20G-14 be REPEALED. 4
Possession of, or application for, a registry identification card does not constitute 5
probable cause or reasonable suspicion, nor may it be used to support a search of the 6
person or property of the person possessing or applying for the registry identification card, 7
or otherwise subject the person or property of the person to inspection by any 8
governmental agency. 9
Section 14. That § 34-20G-15 be REPEALED. 10
For the purposes of state law, an activity related to medical cannabis is lawful as 11
long as it is conducted in accordance with this chapter. 12
Section 15. That § 34-20G-17 be REPEALED. 13
No contract entered into by a cardholder, a medical cannabis establishment, or 14
medical cannabis establishment agent, or by a person who allows property to be used for 15
an activity that is exempt from state criminal penalties by this chapter is unenforceable 16
on the basis that activity related to cannabis is prohibited by federal law. 17
Section 16. That § 34-20G-18 be REPEALED. 18
This chapter does not authorize any person to engage in, and does not prevent the 19
imposition of any civil, criminal, or other penalty for engaging in, the following conduct: 20
(1) Undertaking any task under the influence of cannabis, when doing so would 21
constitute negligence or professional malpractice; 22
(2) Possessing cannabis or otherwise engaging in the medical use of cannabis in any 23
correctional facility; 24
(3) Smoking or vaping cannabis: 25
(a) On any form of public transportation; 26
(b) In any public place or any place that is open to the public; or 27
(c) If under the age of twenty-one; 28
(4) Operating, navigating, or being in actual physical control of any motor vehicle, 29
aircraft, train, or motorboat while under the influence of cannabis; or 30 25.357.9 10 1101
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(5) Performing any safety-sensitive job under the influence of cannabis. 1
Section 17. That § 34-20G-19 be REPEALED. 2
A cardholder may not be refused enrollment by a school or a lease by a landlord, 3
or otherwise be penalized by a school or landlord solely for the person's status as a 4
cardholder, unless failing to do so would violate federal law or regulations or cause the 5
school or landlord to lose a monetary or licensing-related benefit under federal law or 6
regulation. This section does not prevent a landlord from imposing reasonable restrictions 7
on the medical use of cannabis by a cardholder who resides at the landlord's property. 8
Section 18. That § 34-20G-20 be REPEALED. 9
For the purposes of medical care, including organ and tissue transplants, a 10
registered qualifying patient's use of cannabis in accordance with this chapter is 11
considered the equivalent of the authorized use of any other medication used at the 12
discretion of a practitioner and does not constitute the use of an illicit substance or 13
otherwise disqualify a qualifying patient from needed medical care. 14
Section 19. That § 34-20G-21 be REPEALED. 15
No person may be denied custody of, visitation rights with, or parenting time with 16
a minor solely because the person is a cardholder. There is no presumption of neglect or 17
child endangerment for conduct allowed under this chapter, unless the person's behavior 18
creates an unreasonable danger to the safety of the minor. Nothing in this chapter 19
supersedes or otherwise affects custody decisions, visitation rights, or parenting time 20
based upon the best interests of the child. 21
Section 20. That § 34-20G-22 be REPEALED. 22
Except as otherwise provided in this chapter, a registered qualifying patient who 23
uses cannabis for a medical purpose must be afforded the same rights under state and 24
local law, as the person would be afforded if the person were solely prescribed a 25
pharmaceutical medication, as it pertains to: 26
(1) Any interaction with a person's employer; 27
(2) Drug testing by a person's employer; or 28
(3) Drug testing required by any state or local law, agency, or government official. 29 25.357.9 11 1101
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Nothing in this section prohibits adverse employment action, based solely on a 1
positive test result for cannabis metabolites, if the person is employed in a safety-sensitive 2
job. 3
Nothing in this section prohibits an employer from refusing to hire a person, based 4
solely on a positive test result for cannabis metabolites, if the person is seeking 5
employment in a safety-sensitive job. 6
Section 21. That § 34-20G-23 be REPEALED. 7
The rights provided by §§ 34-20G-19 to 34-20G-25, inclusive, do not apply to the 8
extent that they conflict with an employer's obligations under federal law or regulation or 9
to the extent that they would disqualify an employer from a monetary or licensing-related 10
benefit under federal law or regulation. 11
Section 22. That § 34-20G-24 be REPEALED. 12
No employer is required to allow the ingestion, possession, transfer, display, or 13
transportation of cannabis in any workplace or to allow any employee to work while under 14
the influence of cannabis. 15
No employer is prohibited from establishing and enforcing a drug-free workplace 16
policy, which may include a drug testing program that complies with state and federal law, 17
or acting with respect to an applicant or employee under the policy. 18
No cause of action is created for employment discrimination or wrongful 19
termination arising from an employer's enforcement of a drug -free workplace policy in 20
compliance with this chapter. 21
Section 23. That § 34-20G-25 be REPEALED. 22
No school, landlord, or employer may be penalized or denied any benefit under 23
state law for enrolling, leasing to, or employing a cardholder. 24
Section 24. That § 34-20G-25.1 be REPEALED. 25
A health care facility, as defined in § 34-12-1.1, an accredited prevention or 26
treatment facility, as defined in § 34-20A-2, a mental health center, as defined in § 27A-27
1-1, a child welfare agency, as defined in § 26-6-1, or a community support provider or 28
community services provider, as defined in § 27B-1-17, may adopt restrictions on the use 29
of medical cannabis by a cardholder who resides at, is actively receiving treatment or care 30 25.357.9 12 1101
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from, or is visiting the facility. The restrictions may include a provision that the facility will 1
not store or maintain the cardholder's supply of medical cannabis, that the facility is not 2
responsible for providing the medical cannabis for cardholders, and that the medical 3
cannabis be used only in a place specified by the facility. Nothing in this section requires 4
a facility to adopt such restrictions or requires a facility to allow the consumption of 5
medical cannabis on the grounds of the facility. 6
No employee or agent of a facility may be subject to arrest, prosecution, or penalty 7
of any kind, or may be denied any right or privilege, including any civil penalty or 8
disciplinary action by a court or occupational or professional licensing board for possession 9
of medical cannabis while carrying out employment duties, including providing or 10
supervising care to a cardholder, or distribution of medical cannabis to a cardholder who 11
resides at or is actively receiving treatment or care at the facility with which the employee 12
or agent is affiliated. 13
Section 25. That § 34-20G-27 be REPEALED. 14
Nothing in this chapter requires: 15
(1) A government medical assistance program or private health insurer, workers' 16
compensation insurance carrier, or self-insured employer providing workers' 17
compensation benefits, to reimburse a person for costs associated with the medical 18
use of cannabis; 19
(2) Any person or establishment in lawful possession of property to allow a guest, 20
client, customer, or other visitor to smoke or vape cannabis on or in that property; 21
(3) A landlord to allow the cultivation of cannabis on the rental property; or 22
(4) A state or local government to allow any conduct otherwise permitted by this 23
chapter within a building owned, leased, or occupied by the state or local 24
government. 25
Section 26. That § 34-20G-28 be REPEALED. 26
Nothing in this chapter prohibits an employer from disciplining an employee for 27
ingesting cannabis in the workplace or for working while under the influence of cannabis. 28
Section 27. That § 34-20G-28.1 be REPEALED. 29
Each application for a registry identification card and each application for a card 30
renewal must include a notice that: 31 25.357.9 13 1101
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(1) The Gun Control Act of 1968, 18 U.S.C. § 922 (January 1, 2024), prohibits any 1
person who is an unlawful user of or addicted to any controlled substance, as 2
defined by the Controlled Substances Act of 1970, 21 U.S.C. § 801, et seq., 3
(January 1, 2024), from shipping, transporting, receiving, or possessing a firearm 4
or ammunition; 5
(2) Until marijuana is legalized under federal law, an individual who is a current user 6
of marijuana is, under federal law, an unlawful user of a controlled substance; and 7
(3) Federal law does not exempt the use of marijuana for medicinal purposes. 8
Section 28. That § 34-20G-29 be REPEALED. 9
The department shall issue a registry identification card to a qualifying patient who 10
submits the following, in accordance with rules promulgated by the department: 11
(1) A written certification issued by a practitioner within ninety days immediately 12
preceding the date of an application; 13
(2) The application or renewal fee; 14
(3) The name, address, and date of birth of the qualifying patient, except that if the 15
applicant is homeless, no address is required; 16
(4) The name, address, and telephone number of the qualifying patient's practitioner; 17
(5) The name, address, and date of birth of the designated caregiver, or designated 18
caregivers, chosen by the qualifying patient; 19
(6) If more than one designated caregiver is designated at any given time, 20
documentation demonstrating that a greater number of designated caregivers are 21
needed due to the patient's age or medical condition; 22
(7) The name of no more than two dispensaries that the qualifying patient designates, 23
if any; and 24
(8) If the qualifying patient designates a designated caregiver, a designation as to 25
whether the qualifying patient or designated caregiver will be allowed under state 26
law to possess and cultivate cannabis plants for the qualifying patient's medical 27
use. 28
When a practitioner conducts a follow-up assessment with a patient, within sixty 29
days of issuing the patient a written certification, and the purpose of the follow -up 30
assessment is to assess the patient's response to the use of medical cannabis and to 31
determine whether to issue the patient a second written certification, the fee required 32
under subdivision (2) is waived, if the patient reapplies for the second registry 33 25.357.9 14 1101
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identification card. A patient may only receive one fee waiver under this section per 1
calendar year. 2
Section 29. That § 34-20G-30 be REPEALED. 3
If the qualifying patient is unable to submit the information required by § 34-20G-4
29 due to the person's age or medical condition, the person responsible for making medical 5
decisions for the qualifying patient may do so on behalf of the qualifying patient. 6
Section 30. That § 34-20G-31 be REPEALED. 7
Except as provided in § 34-20G-32, the department shall: 8
(1) Verify the information contained in an application or renewal submitted pursuant 9
to this chapter and approve or deny an application or renewal within fifteen days 10
of receiving a completed application or renewal application; 11
(2) Issue registry identification cards to a qualifying patient and to a qualifying 12
patient's designated caregivers, if any, within five days of approving the application 13
or renewal. A designated caregiver shall have a registry identification card for each 14
of the qualifying patients; and 15
(3) Enter the registry identification number of any dispensary the patient designates 16
into the verification system. 17
Section 31. That § 34-20G-32 be REPEALED. 18
The department may conduct a background check of a designated caregiver in 19
order to carry out the provisions of § 34-20G-31. 20
Section 32. That § 34-20G-33 be REPEALED. 21
The department may not issue a registry identification card to a qualifying patient 22
who is younger than eighteen years of age unless: 23
(1) The qualifying patient's practitioner has explained the potential risks and benefits 24
of the medical use of cannabis to the custodial parent or legal guardian with 25
responsibility for health care decisions for the qualifying patient; and 26
(2) The custodial parent or legal guardian with responsibility for health care decisions 27
for the qualifying patient consents in writing to: 28
(a) Allow the qualifying patient's medical use of cannabis; 29
(b) Serve as the qualifying patient's designated caregiver; and 30 25.357.9 15 1101
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(c) Control the acquisition of the cannabis, the dosage, and the frequency of 1
the medical use of cannabis by the qualifying patient. 2
Section 33. That § 34-20G-34 be REPEALED. 3
The department may deny an application or renewal of a qualifying patient’s 4
registry identification card only if the applicant: 5
(1) Does not provide the required information, fee, or materials; 6
(2) Does not meet the requirement to obtain a registry identification card as defined 7
in § 34-20G-1; 8
(3) Previously had a registry identification card revoked; or 9
(4) Provided false information. 10
Section 34. That § 34-20G-35 be REPEALED. 11
The department may deny an application or renewal for a designated caregiver 12
chosen by a qualifying patient whose registry identification card was granted only if: 13
(l) The designated caregiver does not meet the requirements of a designated 14
caregiver as defined in § 34-20G-l; 15
(2) The applicant does not provide the information required; 16
(3) The designated caregiver previously had a registry identification card revoked; or 17
(4) The applicant or the designated caregiver provide false information. 18
Section 35. That § 34-20G-36 be REPEALED. 19
The department shall give written notice to the qualifying patient of the reason for: 20
(1) Denying a registry identification card to the qualifying patient or to the qualifying 21
patient's designated caregiver; or 22
(2) Revoking the registry identification card of the qualifying patient or the qualifying 23
patient's designated caregiver. 24
Section 36. That § 34-20G-37 be REPEALED. 25
Denial of an application or renewal under § 34-20G-34 or 34-20G-35 is considered 26
a final department action, subject to judicial review. 27
Section 37. That § 34-20G-42 be REPEALED. 28
A registry identification card shall contain all of the following: 29 25.357.9 16 1101
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(1) The name of the cardholder; 1
(2) A designation of whether the cardholder is a qualifying patient or a designated 2
caregiver; 3
(3) The date of issuance and expiration date of the registry identification card; 4
(4) A random ten-digit alphanumeric identification number, containing at least four 5
numbers and at least four letters, that is unique to the cardholder; 6
(5) If the cardholder is a designated caregiver, the random identification number of 7
the qualifying patient the designated caregiver will assist; 8
(6) A clear indication of whether the cardholder has been designated to cultivate 9
cannabis plants for the qualifying patient's medical use; 10
(7) A photograph of the cardholder; and 11
(8) The phone number or website address where the card can be verified. 12
Section 38. That § 34-20G-43 be REPEALED. 13
The registry identification card of a qualifying patient and designated caregiver, if 14
any, expires on the date noted by the practitioner in the qualifying patient's written 15
certification, not to exceed one year after the date of issue. 16
Section 39. That § 34-20G-44 be REPEALED. 17
The department shall maintain a confidential list of: 18
(a) The name, address, phone number, and registry identification card number of each 19
person to whom the department has issued a registry identification card; and 20
(b) The name, address, and phone number of a registered qualifying patient's parent 21
or legal guardian if the patient is under age eighteen. 22
The list may not be combined or linked in any manner with any other list or 23
database, nor may it be used for any purpose not provided for in this chapter. 24
Section 40. That § 34-20G-45 be REPEALED. 25
Within one hundred twenty days of July 1, 2021, the department shall establish a 26
secure phone or web-based verification system. The verification system shall allow law 27
enforcement personnel and medical cannabis establishments to enter a registry 28
identification number and determine whether the number corresponds with a current, valid 29
registry identification card. The system may disclose only: 30
(1) Whether the identification card is valid; 31 25.357.9 17 1101
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(2) The name of the cardholder; 1
(3) Whether the cardholder is a qualifying patient or a designated caregiver; 2
(4) Whether the cardholder is permitted to cultivate cannabis plants; 3
(5) The registry identification number of any affiliated registered qualifying patient; 4
and 5
(6) The registry identification of the qualifying patient's dispensary or dispensaries, if 6
any. 7
Section 41. That § 34-20G-46 be REPEALED. 8
The following notifications are required: 9
(1) A registered qualifying patient shall notify the department of any change in the 10
applicant’s name or address, or if the patient ceases to have a debilitating medical 11
condition, within ten days of the change; 12
(2) A registered designated caregiver shall notify the department of any change in the 13
caregiver’s name or address, or if the caregiver becomes aware the qualifying 14
patient passed away, within ten days of the change; 15
(3) Before a registered qualifying patient changes a designated caregiver, the patient 16
shall notify the department; 17
(4) If a registered qualifying patient changes a preference as to who may cultivate 18
cannabis for the patient, the patient shall notify the department; 19
(5) If a cardholder loses a registry identification card, the cardholder shall notify the 20
department within ten days of becoming aware the card has been lost; and 21
(6) Before a registered qualifying patient changes a designated dispensary, the patient 22
shall notify the department. 23
Section 42. That § 34-20G-47 be REPEALED. 24
Any notification that a registered qualifying patient is required to make under this 25
chapter may be made by the patient's designated caregiver if the qualifying patient is 26
unable to make the notification due to age or medical condition. 27
Section 43. That § 34-20G-48 be REPEALED. 28
If a cardholder notifies the department of any item listed in § 34-20G-46, but 29
remains eligible under this chapter, the department shall issue the cardholder a new 30
registry identification card with a new random ten -digit alphanumeric identification 31 25.357.9 18 1101
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number within ten days of receiving the updated information and a twenty dollar fee. If 1
the person notifying the department is a registered qualifying patient, the department 2
shall also issue the patient's registered designated caregiver, if any, a new registry 3
identification card within ten days of receiving the updated information. 4
Section 44. That § 34-20G-49 be REPEALED. 5
A registry identification card is void if the certifying practitioner notifies the 6
department in writing that: 7
(1) The registered qualifying patient has ceased to suffer from a debilitating medical 8
condition; or 9
(2) The practitioner no longer believes the patient would receive therapeutic or 10
palliative benefit from the medical use of cannabis. 11
The registered qualifying patient has fifteen days to dispose of any cannabis in the 12
registered qualifying patient's possession. 13
Section 45. That § 34-20G-50 be REPEALED. 14
A medical cannabis establishment shall notify the department within one business 15
day of any theft or significant loss of cannabis. 16
Section 46. That § 34-20G-51 be REPEALED. 17
Except as provided in § 34-20G-18 and this section, a person may assert the 18
medical purpose for using cannabis as a defense to any prosecution involving cannabis, 19
and such defense is presumed valid where the evidence shows that: 20
(1) A practitioner has stated that, in the practitioner's professional opinion, after 21
having completed a full assessment of the person's medical history and current 22
medical condition made in the course of a bona fide practitioner -patient 23
relationship, the patient has a debilitating medical condition and the potential 24
benefits of using cannabis for medical purposes would likely outweigh the health 25
risks for the person; 26
(2) The person was in possession of no more than three ounces of cannabis, the 27
amount of cannabis products allowed by department rules, two flowering cannabis 28
plants, two cannabis plants that are not flowering, and the cannabis produced by 29
those plants; 30 25.357.9 19 1101
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(3) The person was engaged in the acquisition, possession, use, manufacture, 1
cultivation, or transportation of cannabis, paraphernalia, or both, relating to the 2
administration of cannabis to treat or alleviate the person's debilitating medical 3
condition or symptoms associated with the person's debilitating medical condition; 4
and 5
(4) Any cultivation of cannabis and storage of more than three ounces of cannabis 6
occurred in a secure location that only the person asserting the defense could 7
access. 8
Section 47. That § 34-20G-52 be REPEALED. 9
An affirmative defense and motion to dismiss shall fail if the prosecution proves 10
that: 11
(1) The person had a registry identification card revoked for misconduct; or 12
(2) The purpose for the possession or cultivation of cannabis was not solely for 13
palliative or therapeutic use by the person with a debilitating medical condition who 14
raised the defense. 15
Section 48. That § 34-20G-53 be REPEALED. 16
A person is not required to possess a registry identification card to raise the 17
affirmative defense set forth in § 34-20G-51. 18
Section 49. That § 34-20G-54 be REPEALED. 19
If a person demonstrates the person's medical purpose for using cannabis pursuant 20
to this chapter, except as provided in § 34-20G-18, the person is not subject to the 21
following for the person's use of cannabis for medical purposes: 22
(1) Disciplinary action by an occupational or professional licensing board or bureau; or 23
(2) Forfeiture of any interest in or right to any property other than cannabis. 24
Section 50. That § 34-20G-55 be REPEALED. 25
Not later than ninety days after receiving an application for a medical cannabis 26
establishment, the department shall register the prospective medical cannabis 27
establishment and issue a registration certificate and a random ten-digit alphanumeric 28
identification number if all of the following conditions are satisfied: 29
(1) The prospective medical cannabis establishment has submitted all of the following: 30 25.357.9 20 1101
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(a) The application fee; 1
(b) An application, including: 2
(i) The legal name of the prospective medical cannabis establishment; 3
(ii) The physical address of the prospective medical cannabis 4
establishment that is not within one thousand feet of a public or 5
private school existing before the date of the medical cannabis 6
establishment application; 7
(iii) The name and date of birth of each principal officer and board 8
member of the proposed medical cannabis establishment; and 9
(iv) Any additional information requested by the department; 10
(c) Operating procedures consistent with rules for oversight of the proposed 11
medical cannabis establishment, including procedures to ensure accurate 12
record keeping and adequate security measures; 13
(d) If the city or county where the proposed medical cannabis establishment 14
would be located has enacted zoning restrictions, a sworn statement 15
certifying that the proposed medical cannabis establishment does not 16
violate the restrictions; 17
(e) If the city or county where the proposed medical cannabis establishment 18
requires a local registration, license, or permit, a copy of the registration, 19
license, or permit; 20
(2) None of the principal officers or board members has served as a principal officer or 21
board member for a medical cannabis establishment that has had its registration 22
certificate revoked; 23
(3) None of the principal officers or board members is under twenty-one years of age; 24
and 25
(4) At least one principal officer is a resident of this state. 26
Section 51. That § 34-20G-56 be REPEALED. 27
If the governing body of a county has enacted a numerical limit on the number of 28
medical cannabis establishments in the county and a greater number of applicants seek 29
registration, the department shall solicit and consider input from the county as to its 30
preference for registration. 31
If the governing body of a municipality has enacted a numerical limit on the number 32
of medical cannabis establishments in the municipality, and a greater number of applicants 33 25.357.9 21 1101
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seek registration, the department shall solicit and consider input from the municipality as 1
to its preference for registration. 2
Section 52. That § 34-20G-57 be REPEALED. 3
The department shall issue a renewal registration certificate within forty-five days 4
of receipt of the prescribed renewal application and renewal fee from a medical cannabis 5
establishment. 6
Section 53. That § 34-20G-58 be REPEALED. 7
The governing body of a municipality may enact an ordinance not in conflict with 8
this chapter, regardless of whether it has enacted a zoning ordinance pursuant to title 11, 9
imposing: 10
(1) Restrictions on a medical cannabis establishment to govern the time, place, and 11
manner of operation; 12
(2) A limit on the number of medical cannabis establishments in the municipality; 13
(3) Reasonable setback requirements; 14
(4) Limitations on the proximity of a medical cannabis establishment to: 15
(a) Any sensitive land-use area, including a childcare facility, park, public 16
service facility, recreational facility, religious facility, school, and any 17
location frequented by individuals under the age of twenty-one; or 18
(b) Any other medical cannabis establishment; 19
(5) Requirements for a medical cannabis establishment to obtain a local license, 20
permit, or registration to operate; or 21
(6) Reasonable fees for any local license, permit, or registration. 22
The governing body of a county may enact an ordinance governing all matters set 23
forth in this section. The county ordinance applies throughout its jurisdiction, except within 24
the boundaries of a municipality that has enacted an ordinance in accordance with this 25
section. 26
A county or municipality may impose a civil penalty for the violation of an ordinance 27
enacted in accordance with this section. 28
Section 54. That § 34-20G-59 be REPEALED. 29 25.357.9 22 1101
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No county or municipality may prohibit a dispensary, either expressly or through 1
the enactment of an ordinance that makes the operation of the dispensary impracticable 2
in the county or municipality. 3
Section 55. That § 34-20G-61 be REPEALED. 4
Each medical cannabis establishment shall conduct a background check into the 5
criminal history of each person seeking to become a principal officer, board member, 6
agent, volunteer, or employee before the person begins working at the medical cannabis 7
establishment. 8
Section 56. That § 34-20G-62 be REPEALED. 9
A medical cannabis establishment may not employ any person who: 10
(1) Was convicted of a disqualifying felony offense; or 11
(2) Is under twenty-one years of age. 12
Section 57. That § 34-20G-63 be REPEALED. 13
Each medical cannabis establishment shall have operating documents that include 14
procedures for the oversight of the medical cannabis establishment and procedures to 15
ensure accurate record keeping. 16
Section 58. That § 34-20G-64 be REPEALED. 17
A medical cannabis establishment shall implement appropriate security measures 18
designed to deter and prevent the theft of cannabis and unauthorized entrance into any 19
area containing cannabis. 20
Section 59. That § 34-20G-65 be REPEALED. 21
All cultivation, harvesting, manufacturing and packaging of cannabis shall take 22
place in a secure facility at a physical address provided to the department during the 23
registration process. The secure facility may only be accessed by agents of the medical 24
cannabis establishment, emergency personnel, and adults who are twenty -one years of 25
age and older and who are accompanied by a medical cannabis establishment agent. 26
Section 60. That § 34-20G-65.1 be REPEALED. 27 25.357.9 23 1101
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A sample of cannabis or cannabis products submitted to a testing facility must be 1
collected by a designated representative of the testing facility. 2
A medical cannabis establishment shall ensure that testing is conducted on a 3
sample of cannabis or cannabis product immediately prior to the transfer of the cannabis 4
for retail sale or cannabis product in final form to another medical cannabis establishment. 5
Section 61. That § 34-20G-66 be REPEALED. 6
No medical cannabis establishment other than a cannabis product manufacturer 7
may produce cannabis concentrates, cannabis extractions, or other cannabis products. 8
Section 62. That § 34-20G-67 be REPEALED. 9
A medical cannabis establishment may not share office space with or refer a patient 10
to a practitioner. 11
Section 63. That § 34-20G-68 be REPEALED. 12
A medical cannabis establishment may not permit any person to consume cannabis 13
on the property of a medical cannabis establishment. 14
Section 64. That § 34-20G-69 be REPEALED. 15
A medical cannabis establishment is subject to inspection by the department during 16
business hours. 17
Section 65. That § 34-20G-70 be REPEALED. 18
A dispensary may not dispense more than three ounces of cannabis or a cannabis 19
product to a registered qualifying patient or a nonresident cardholder, directly or via a 20
designated caregiver, in any fourteen-day period. 21
Before cannabis or a cannabis product may be dispensed to a cardholder or 22
nonresident cardholder, a dispensary agent must verify: 23
(1) That the registry identification card or registration presented to the dispensary is 24
valid; 25
(2) The identity of the person by requiring the person to present a valid photographic 26
identification document issued by this state, another state, tribe, or the federal 27
government; and 28 25.357.9 24 1101
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(3) Through the department's inventory tracking system, that the registered qualifying 1
patient or nonresident cardholder has not exceeded the allowable limit of cannabis 2
or cannabis product in the applicable fourteen-day period. 3
A dispensary agent may not dispense an amount of cannabis or cannabis product 4
to a person that would cause the person to possess more than the allowable amount of 5
cannabis. 6
Section 66. That § 34-20G-71 be REPEALED. 7
A dispensary shall maintain internal, confidential records specifying how much 8
cannabis is dispensed to a nonresident cardholder or registered qualifying patient and 9
whether it is dispensed directly to a registered qualifying patient or to the designated 10
caregiver. 11
Section 67. That § 34-20G-72 be REPEALED. 12
The department shall promulgate rules pursuant to chapter 1-26: 13
(1) Establishing the form and content of registration and renewal applications 14
submitted under this chapter and include the notice requirements set forth in § 34-15
20G-28.1; 16
(2) Establishing a system to numerically score competing medical cannabis 17
establishment applicants, in cases where more applicants apply than are allowed 18
by the local government, that includes analysis of: 19
(a) The preference of the local government; 20
(b) In the case of dispensaries, the suitability of the proposed location and its 21
accessibility for patients; 22
(c) The character, veracity, background, qualifications, and relevant experience 23
of principal officers and board members; and 24
(d) The business plan proposed by the applicant, that in the case of a cultivation 25
facility or dispensary shall include the ability to maintain an adequate supply 26
of cannabis, plans to ensure safety and security of patrons and the 27
community, procedures to be used to prevent diversion, and any plan for 28
making cannabis available to low-income registered qualifying patients; 29
(3) Governing the manner in which the department shall consider applications for and 30
renewals of registry identification cards, that may include creating a standardized 31
written certification form; 32 25.357.9 25 1101
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(4) Governing medical cannabis establishments to ensure the health and safety of 1
qualifying patients and prevent diversion and theft without imposing an undue 2
burden or compromising the confidentiality of a cardholder, including: 3
(a) Oversight requirements; 4
(b) Record-keeping requirements; 5
(c) Security requirements, including lighting, physical security, and alarm 6
requirements; 7
(d) Health and safety regulations, including restrictions on the use of pesticides 8
that are injurious to human health; 9
(e) Standards for the manufacture of cannabis products and both the indoor 10
and outdoor cultivation of cannabis by a cultivation facility; 11
(f) Requirements for the transportation and storage of cannabis by a medical 12
cannabis establishment; 13
(g) Employment and training requirements, including requiring that each 14
medical cannabis establishment create an identification badge for each 15
agent; 16
(h) Standards for the safe manufacture of cannabis products, including extracts 17
and concentrates; 18
(i) Restrictions on the advertising, signage, and display of medical cannabis, 19
provided that the restrictions may not prevent appropriate signs on the 20
property of a dispensary, listings in business directories including phone 21
books, listings in marijuana-related or medical publications, or the 22
sponsorship of health or not-for-profit charity or advocacy events; 23
(j) Requirements and procedures for the safe and accurate packaging, labeling, 24
distribution, and tracking of medical cannabis; 25
(k) Certification standards for testing facilities, including requirements for 26
equipment and qualifications for personnel; and 27
(l) Requirements for samples of cannabis and cannabis products submitted to 28
testing facilities, including batch sizes to not exceed fifty pounds of cannabis 29
intended for retail sale, batch sizes for homogenous cannabis products 30
intended for retail sale, and procedures to ensure representative sampling; 31
(5) Establishing procedures for the suspension and termination of the registry 32
identification cards of cardholders who commit multiple or serious violations of this 33
chapter; 34
(6) Establishing procedures for: 35 25.357.9 26 1101
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(a) The imposition of fines, not to exceed ten thousand dollars per inspection, 1
on a medical cannabis establishment that is found to have committed 2
multiple or serious violations of this chapter; and 3
(b) The probation, suspension, and termination of the registration certificate of 4
a medical cannabis establishment that commits multiple or serious 5
violations of this chapter; 6
(7) Establishing labeling requirements for cannabis and cannabis products, including 7
requiring cannabis product labels to include the following: 8
(a) The length of time it typically takes for a product to take effect; 9
(b) Disclosing ingredients and possible allergens; 10
(c) A nutritional fact panel; and 11
(d) Requiring that edible cannabis products be clearly identifiable, when 12
practicable, with a standard symbol indicating that it contains cannabis; 13
(8) Establishing procedures for the registration of nonresident cardholders and the 14
cardholder's designation of no more than two dispensaries, which shall require the 15
submission of: 16
(a) A practitioner's statement confirming that the patient has a debilitating 17
medical condition; and 18
(b) Documentation demonstrating that the nonresident cardholder is allowed to 19
possess cannabis or cannabis preparations in the jurisdiction where the 20
nonresident cardholder resides; 21
(9) Establishing the amount of cannabis products, including the amount of 22
concentrated cannabis, each cardholder and nonresident cardholder may possess; 23
and 24
(10) Establishing application and renewal fees for registration certificates, not to exceed 25
twenty thousand dollars, with this upper limit adjusted annually for inflation, with 26
the total fees collected sufficient to offset all costs related to program 27
implementation and administration; and 28
(11) Establishing application and renewal fees for registry identification cards and 29
nonresident cardholder registration as follows: 30
(a) Using a sliding scale of patient application and renewal fees based upon a 31
qualifying patient's household income; 32
(b) The fees charged to qualifying patients, nonresident cardholders, and 33
caregivers may not be greater than the costs of processing the application 34
and issuing a registry identification card or registration; and 35 25.357.9 27 1101
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(c) The department may accept donations from private sources to reduce 1
application and renewal fees. 2
A violation of a required or prohibited action under any rule authorized by this 3
section is a Class 2 misdemeanor. 4
Section 68. That § 34-20G-73 be REPEALED. 5
A cardholder or medical cannabis establishment who fails to provide a notice 6
required by this chapter is subject to a civil penalty of no more than one hundred fifty 7
dollars. Any civil penalty collected shall be deposited in the state general fund. 8
Section 69. That § 34-20G-74 be REPEALED. 9
In addition to any other penalty under law, a medical cannabis establishment or 10
an agent of a medical cannabis establishment who intentionally sells or otherwise transfers 11
cannabis in exchange for anything of value to a person other than a cardholder, a 12
nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a 13
Class 6 felony. A person convicted under this section may not continue to be affiliated with 14
the medical cannabis establishment and is disqualified from any future affiliation with any 15
medical cannabis establishment under this chapter. 16
Section 70. That § 34-20G-75 be REPEALED. 17
In addition to any other penalty under law, a cardholder or nonresident cardholder 18
who intentionally sells or otherwise transfers cannabis in exchange for anything of value 19
to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis 20
establishment or its agent is guilty of a Class 6 felony. 21
Section 71. That § 34-20G-76 be REPEALED. 22
A person who intentionally makes a false statement to a law enforcement official 23
about any fact or circumstance relating to the medical use of cannabis to avoid arrest or 24
prosecution is guilty of a Class 2 misdemeanor. The penalty is in addition to any other 25
penalty that may apply for making a false statement or for the possession, cultivation, or 26
sale of cannabis not protected by this chapter. If a person convicted of violating this 27
section is a cardholder, the person is disqualified from being a cardholder under this 28
chapter. 29 25.357.9 28 1101
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Section 72. That § 34-20G-77 be REPEALED. 1
A person who knowingly submits false records or documentation required by the 2
department to certify a medical cannabis establishment under this chapter is guilty of 3
Class 6 felony. 4
Section 73. That § 34-20G-78 be REPEALED. 5
A practitioner is guilty of a Class 2 misdemeanor if the practitioner: 6
(1) Knowingly refers a patient to a medical cannabis establishment or to a designated 7
caregiver in exchange for financial consideration; 8
(2) Advertises in a medical cannabis establishment; 9
(3) Issues written certifications while holding a financial interest in a medical cannabis 10
establishment; 11
(4) Offers a discount, deal, or other financial incentive for making an appointment with 12
the practitioner for the purpose of receiving a written certification; 13
(5) Conducts the medical assessment required for a bona fide practitioner -patient 14
relationship in a space licensed for the sale of alcoholic beverages; or 15
(6) Charges a patient based on the term of a written certification issued to the patient. 16
Section 74. That § 34-20G-78.1 be REPEALED. 17
An entity is guilty of a Class 2 misdemeanor if the entity: 18
(1) Offers a discount, deal, or other financial incentive for making an appointment with 19
a practitioner for the purpose of receiving a written certification; or 20
(2) Charges a practitioner's patient based on the duration of a written certification 21
issued to the patient. 22
Section 75. That § 34-20G-78.2 be REPEALED. 23
If a practitioner or an immediate family member of the practitioner has a financial 24
relationship with a medical cannabis clinic, the practitioner may not knowingly refer a 25
patient to that clinic for the purpose of receiving a written certification under this chapter. 26
For purposes of this section, a "financial relationship" means an ownership or 27
investment interest in the medical cannabis clinic, or a compensation arrangement 28
between the practitioner or the practitioner's immediate family member and the clinic. 29 25.357.9 29 1101
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An ownership or investment interest may be through equity, debt, or other means 1
and includes an interest in an entity that holds an ownership or investment interest in the 2
medical cannabis clinic. 3
The prohibition of this section does not apply: 4
(1) If the services offered at the medical cannabis clinic are being provided by another 5
practitioner in the same group practice as the referring practitioner; 6
(2) To a compensation arrangement, between the practitioner or the practitioner's 7
immediate family member and the medical cannabis clinic, consisting of payments 8
under the terms of a written lease that: 9
(a) Is signed by all the parties; 10
(b) Specifies the premises covered by the lease, provided the premises do not 11
exceed the space that is reasonable and necessary for the legitimate 12
business purposes of the lease and further provided that the premises, aside 13
from common areas, are used exclusively by the lessee; 14
(c) Has a duration of at least twelve months; and 15
(d) Specifies the rental charges over the term of the lease, provided the charges 16
are consistent with fair market value, and are not determined in a manner 17
that takes into account the volume or value of any referrals or other 18
business generated between the parties; 19
(3) To a bona fide employment relationship under which an immediate family member 20
of the practitioner is employed by the clinic for identifiable services, and receives 21
remuneration for those services in an amount that: 22
(a) Is consistent with the fair market value of the services; and 23
(b) Is not determined in a manner that takes into account, directly or indirectly, 24
the volume or value of any referrals by the referring practitioner; and 25
(4) To an isolated transaction, such as a one-time sale of property. 26
Any practitioner who knowingly refers a patient to a medical cannabis clinic, with 27
which the practitioner or an immediate family member of the practitioner has a financial 28
relationship, is guilty of a Class 2 misdemeanor. 29
Section 76. That § 34-20G-79 be REPEALED. 30
It is a Class 2 misdemeanor for any person, including an employee or official of the 31
department or another state agency or local government, to breach the confidentiality of 32
information obtained under this chapter. 33 25.357.9 30 1101
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Section 77. That § 34-20G-80 be REPEALED. 1
The department may, after notice and hearing in accordance with chapter 1-26, 2
impose probation, impose a fine, suspend, or revoke a registration certificate for multiple 3
negligent or knowing violations of this chapter, or for a serious and knowing violation of 4
this chapter, by the registrant or any of its agents. 5
The department may not: 6
(1) Impose a probation period that exceeds six months; or 7
(2) Suspend a registration certificate for a period that exceeds six months, except for 8
a serious violation of patient health and safety, in which case the suspension may 9
not exceed one year. 10
Section 78. That § 34-20G-81 be REPEALED. 11
The department shall provide notice of probation, fine, suspension, or revocation 12
by mailing the same in writing to the medical cannabis establishment at the address on 13
the registration certificate. 14
Section 79. That § 34-20G-82 be REPEALED. 15
A medical cannabis establishment may continue to possess cannabis during a 16
suspension, but it may not dispense, transfer, or sell cannabis. A cultivation facility may 17
continue to cultivate and possess cannabis plants during a suspension, but it may not 18
dispense, transfer, or sell cannabis. 19
Section 80. That § 34-20G-83 be REPEALED. 20
The department shall immediately revoke the registry identification card of any 21
cardholder who sells cannabis to a person who is not allowed to possess cannabis for 22
medical purposes under this chapter, and the cardholder is disqualified from being a 23
cardholder under this chapter. 24
Section 81. That § 34-20G-84 be REPEALED. 25
The department may revoke the registry identification card of any cardholder who 26
knowingly commits multiple unintentional violations or a serious knowing violation of this 27
chapter. 28
Section 82. That § 34-20G-85 be REPEALED. 29 25.357.9 31 1101
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Revocation under § 34-20G-80, 34-20G-83, or 34-20G-84 is a final decision of the 1
department subject to judicial review. 2
Section 83. That § 34-20G-86 be REPEALED. 3
Data in a registration application and supporting data submitted by a qualifying 4
patient, designated caregiver, nonresident cardholder, or medical cannabis establishment, 5
including data on designated caregiver or practitioner, is not a public record open to public 6
access, inspection, or copying under chapter 1-27. All other public records concerning 7
registered medical cannabis establishments are governed by chapter 1-27. 8
Section 84. That § 34-20G-87 be REPEALED. 9
Except as provided in § 34-20E-2, data kept or maintained by the department may 10
not be used for any purpose not provided for in this chapter and may not be combined or 11
linked in any manner with any other list or database. 12
Section 85. That § 34-20G-88 be REPEALED. 13
Confidential data or data that is not a public record kept or maintained by the 14
department may only be disclosed as necessary to: 15
(1) Verify a registration certificate or registry identification card pursuant to this 16
chapter; 17
(2) Notify law enforcement of an apparent criminal violation of this chapter or respond 18
to law enforcement or prosecutorial officials engaged in the investigation or 19
enforcement of the criminal provisions of this chapter; 20
(3) Notify state and local law enforcement about falsified or fraudulent information 21
submitted for the purpose of obtaining or renewing a registry identification card; 22
(4) Notify the applicable licensing board if there is reason to believe that a practitioner 23
has violated the standard of care for evaluating a medical condition; or respond to 24
the board, if the board is seeking data relevant to an investigation of a person who 25
holds a license issued by the board; 26
(5) Any judicial authority under grand jury subpoena or court order or equivalent 27
judicial process for investigation of criminal, civil, or administrative violations 28
related to the use of medical cannabis; 29
(6) An authorized employee of the department performing official duties associated 30
with the medical cannabis program; 31 25.357.9 32 1101
Underscores indicate new language.
Overstrikes indicate deleted language.
(7) A practitioner to determine if a person in the practitioner's care engages in the 1
medical use of cannabis so the practitioner may assess possible drug interactions 2
or assess other medically necessary concerns; or 3
(8) Comply with the reporting requirement in § 34-20G-88.1. 4
Section 86. That § 34-20G-88.1 be REPEALED. 5
The department shall submit the name and date of birth of a qualifying patient who 6
receives a registry identification card to the prescription drug monitoring program 7
authorized pursuant to chapter 34-20E. 8
Section 87. That § 34-20G-89 be REPEALED. 9
Except as otherwise provided in this section, information kept or maintained by a 10
medical cannabis establishment may identify a cardholder only by registry identification 11
number and may not contain names or other personally identifiable information. 12
A cardholder may, in writing, authorize an establishment to maintain the 13
cardholder's name and other personally identifiable information, for the limited purpose 14
of receiving direct communication regarding the cardholder's: 15
(1) Individual medical needs; or 16
(2) Use of a specific product. 17
Section 88. That § 34-20G-90 be REPEALED. 18
At the cardholder's request, the department may confirm the cardholder's status 19
as a registered qualifying patient or a registered designated caregiver to a third party, 20
such as a landlord, school, medical professional, or court. 21
Section 89. That § 34-20G-91 be REPEALED. 22
Any department hard drive or other data-recording media that is no longer in use 23
and that contains cardholder information shall be destroyed. 24
Section 90. That § 34-20G-92 be REPEALED. 25
The Executive Board of the Legislative Research Council shall appoint an oversight 26
committee consisting of: 27
(1) Two members of the Senate; 28
(2) Two members of the House of Representatives; 29 25.357.9 33 1101
Underscores indicate new language.
Overstrikes indicate deleted language.
(3) One physician licensed in accordance with chapter 36-4; 1
(4) One physician assistant licensed in accordance with chapter 36-4A; 2
(5) One certified nurse practitioner licensed in accordance with chapter 36-9A; 3
(6) One chief of police for a municipality having a population in excess of fifty -4
thousand, or a representative of the police department designated by the chief; 5
(7) One sheriff of a county or a representative of the sheriff's office designated by the 6
sheriff; 7
(8) One professional counselor licensed in accordance with chapter 36-32 or one 8
addiction counselor licensed in accordance with chapter 36-34; and 9
(9) One qualifying patient. 10
Each appointee shall serve for a term of two years and may be reappointed. 11
Section 91. That § 34-20G-92.1 be REPEALED. 12
Beginning in 2023, and every two years thereafter, the oversight committee shall 13
select from among itself one legislator to serve as the chair and one legislator, from the 14
opposite chamber, to serve as the vice chair. 15
Beginning in 2025, the legislators selected to serve as the chair and vice chair may 16
not be from the same chamber as their immediate predecessors. 17
Section 92. That § 34-20G-93 be REPEALED. 18
The oversight committee shall meet at least two times per year for the purpose of 19
evaluating and making recommendations to the Legislature and the department 20
regarding: 21
(1) The ability of qualifying patients in all areas of the state to obtain timely access to 22
high-quality medical cannabis; 23
(2) The effectiveness of the dispensaries and cultivation facilities, individually and 24
together, in serving the needs of qualifying patients, including the provision of 25
educational and support services by dispensaries, the reasonableness of their 26
prices, whether they are generating any complaints or security problems, and the 27
sufficiency of the number operating to serve the state's registered qualifying 28
patients; 29
(3) The effectiveness of the cannabis testing facilities, including whether a sufficient 30
number are operating; 31 25.357.9 34 1101
Underscores indicate new language.
Overstrikes indicate deleted language.
(4) The sufficiency of the regulatory and security safeguards contained in this chapter 1
and adopted by the department to ensure that access to and use of cannabis 2
cultivated is provided only to cardholders; 3
(5) Any recommended additions or revisions to the department regulations or this 4
chapter, including recommendations relating to security, safe handling, labeling, 5
and nomenclature; 6
(6) Any research studies regarding health effects of medical cannabis for patients; and 7
(7) Any medical and clinical aspects of the medical cannabis program. 8
The oversight committee shall ensure that it seeks relevant input from qualifying 9
patients; designated caregivers; pharmacists; school boards and administrators; parents; 10
municipal representatives; state agencies, including the Department of Health, the South 11
Dakota Division of Criminal Investigation, and the Department of Public Safety; and 12
medical cannabis establishments. 13
Section 93. That § 34-20G-94 be REPEALED. 14
The department shall report annually to the Legislature on the number of 15
applications for registry identification cards received; the number of qualifying patients 16
and designated caregivers approved; the number of registry identification cards revoked; 17
the number of each type of medical cannabis establishment registered; the expenses 18
incurred and revenues generated from the medical cannabis program; the number of 19
patient cardholders by medical condition; qualifying patient demographics by age and sex; 20
the number and specialty of the practitioners providing written certifications; the number 21
of medical cannabis establishments by type; the number of licensing violations determined 22
by the department; the impact of medical cannabis on public safety, public health, and 23
behavioral health services; any other information regarding the effects of medical 24
cannabis on the public; and any recommendations. The department may not include 25
identifying information on a qualifying patient, designated caregiver, or practitioner in the 26
report. 27
Section 94. That § 34-20G-95 be REPEALED. 28
The Department of Education and the department shall establish policy to allow 29
students who are medical cannabis cardholders to have their medicine administered in 30
school in accordance with their physician's recommendation. This policy shall be 31
implemented the first day of the new school year following passage of this chapter. The 32 25.357.9 35 1101
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Overstrikes indicate deleted language.
departments shall implement substantively identical provisions to Colorado Revised 1
Statute 22-1-119.3 as of January 1, 2019. 2
Section 95. That § 34-20G-96 be REPEALED. 3
In order for an individual who is serving a probationary sentence under the 4
supervision of the Unified Judicial System or who is on conditional release or parole from 5
a state correctional facility under the legal custody of the Department of Corrections to 6
utilize medical cannabis, the individual's practitioner must attest that the use of medical 7
cannabis is: 8
(1) Consistent with the medical standard of care for the treatment of the individual’s 9
documented debilitating medical condition and any symptoms associated with the 10
debilitating medical condition; 11
(2) Reasonable in light of the practitioner’s observation and the individual's physical 12
examination, diagnostic test results, medical history, and reported symptoms; and 13
(3) Reasonable in light of the risks and benefits of medical cannabis as compared to 14
the risks and benefits of other treatment options for the individual’s debilitating 15
medical condition and any symptoms associated with the debilitating medical 16
condition. 17