South Dakota Medical Cannabis Laws

South Dakota's medical cannabis program, established after the passage of Measure 26 in November 2020, allows qualified patients to legally purchase and consume cannabis for medical purposes. The program, which began on July 1, 2021, sets strict regulations, including a purchase limit of 3 ounces of cannabis flower every 14 days and permits patients to grow up to four plants for personal use.

Every Dispensary Must Know

South Dakota Medical Cannabis Laws at a Glance

Medical cannabis use was legalized in 1998 via the Alaska Medical Marijuana Initiative (Measure 8).
Recreational cannabis use was legalized via the passage of Measure 2 in 2014.
The Alcohol and Marijuana Control Office (AMCO) is the regulatory agency responsible for overseeing the Alaska cannabis industry.
Alaska’s track-and-trace system is Metrc.
Cannabis delivery is currently not permitted in Alaska.

Marijuana stores can sell only 1 ounce, 7 grams of marijuana concentrate for inhalation, or 5,600 milligrams of THC in combined sales.
Onsite consumption is legal in Alaska, pending approval and all regulations are met.

Next, we’ll delve into the specifics of each law to help you stay compliant with Alaska’s cannabis regulations.

South Dakota Medical Cannabis Licensing Requirements

To operate a medical cannabis dispensary in South Dakota, applicants must meet specific licensing requirements set by the South Dakota Department of Health. Here are the key elements of the licensing process:

Application Submission: Applicants must submit a detailed application, which includes a nonrefundable $5,000 fee. The application must provide the dispensary’s legal name, physical address, and information on all principal officers and board members. One principal officer must be a resident of South Dakota.
Operating Procedures: The application must outline standard operating procedures (SOPs) covering security, quality assurance, recall procedures, packaging and labeling, inventory control, and recordkeeping.
Zoning and Local Compliance: Applicants must include documentation proving compliance with local zoning laws and any required local registrations or permits.
Age and Background Checks: All employees and principal officers must be over 21 and pass a criminal background check. Anyone with a disqualifying felony conviction is ineligible for employment at a dispensary.
Approval Process: The Department of Health has up to 90 days to review the application and issue a registration certificate if all conditions are met.

This thorough application process ensures that only qualified, compliant businesses can operate within South Dakota’s medical cannabis framework.

General Requirements for Operating a Medical Cannabis Dispensary in South Dakota

Operating a medical cannabis dispensary in South Dakota involves adhering to specific regulations to ensure compliance with state laws. Here are the general requirements:

Employee Background Checks and Age Restrictions: Every officer, employee, and volunteer working at the dispensary must undergo and pass a criminal background check. Additionally, all staff members must be at least 21 years old. Those with disqualifying felony convictions cannot be employed by the dispensary.
Recordkeeping and Oversight Procedures: Dispensaries are required to have detailed operating documents that outline procedures for oversight, accurate recordkeeping, and security measures. These procedures are designed to ensure that the dispensary operates within the legal framework and maintains proper records for all transactions and inventory.
Security Measures: The dispensary must implement robust security measures to prevent theft of cannabis products and unauthorized access to areas containing cannabis. This includes physical security measures such as lighting, alarms, and secure storage for all cannabis products.
Inspection Compliance: Medical cannabis establishments are subject to inspections by the South Dakota Department of Health during business hours. These inspections are conducted to ensure that the dispensary complies with all regulatory requirements.

These general requirements are crucial for maintaining the integrity and security of South Dakota’s medical cannabis program.

Restrictions for Medical Cannabis Establishments in South Dakota

Operating a medical cannabis establishment in South Dakota involves adhering to specific restrictions to maintain compliance with state laws. Here are the key restrictions:

Employment Restrictions: Medical cannabis establishments cannot employ anyone under the age of 21 or anyone who has been convicted of a disqualifying felony offense. This ensures that all staff members are legally qualified to work in a regulated environment.
Prohibition on Shared Office Space and Referrals: Establishments are not allowed to share office space with a medical practitioner or refer patients to specific medical marijuana doctors. This rule is designed to prevent any potential conflicts of interest and ensure that medical cannabis recommendations remain unbiased.
Prohibition on On-Site Consumption: Consumption of cannabis is strictly prohibited on the property of a medical cannabis establishment. This rule is in place to ensure that dispensaries maintain a professional environment and to prevent any misuse of cannabis on-site.

These restrictions are critical for maintaining the integrity of South Dakota’s medical cannabis program and ensuring that establishments operate within a legal and ethical framework.

Conditions for Dispensing Cannabis in South Dakota

Dispensaries in South Dakota must follow strict protocols when dispensing medical cannabis to ensure compliance with state regulations:

Verification of Patient Identification: Before dispensing cannabis, a dispensary agent must verify that the patient’s medical marijuana card is valid. This involves checking the cardholder’s registration against their photo ID, which must be issued by the state, another state, a tribe, or the federal government.
Adherence to Purchase Limits: Dispensaries are required to monitor the amount of cannabis dispensed to ensure that it does not exceed the legal limit of 3 ounces within a 14-day period. This includes tracking purchases to ensure that no patient or caregiver exceeds their allowable amount.
Designated Dispensary Verification: Before any cannabis is dispensed, the agent must verify that the dispensary is the designated one for the patient or caregiver in the state’s medical cannabis program. This prevents unauthorized dispensaries from dispensing to patients who are not registered with them.

These conditions are in place to maintain the integrity of the medical cannabis system in South Dakota, ensuring that cannabis is dispensed responsibly and within the legal framework established by the state.

Privacy and Data Requirements for South Dakota Medical Cannabis Establishments

Medical cannabis establishments in South Dakota must adhere to stringent privacy and data protection regulations to ensure the confidentiality of patient information:

Patient Identification Confidentiality: Dispensaries must maintain patient information with utmost confidentiality. The records should only identify patients by their registry identification number, and should not include any personal information such as names or other identifying details. This helps in safeguarding patient privacy.
Verification Upon Request: The South Dakota Department of Health can confirm a patient’s status as a registered qualifying patient or designated caregiver to a third party (like landlords, schools, medical professionals, or courts) only upon the request of the patient. This provision ensures that patients have control over who can access their medical cannabis status.
Destruction of Outdated Media: Any outdated or unused media containing patient information, such as hard drives or other data recording devices, must be securely destroyed. This ensures that no residual data remains accessible, further protecting patient privacy.

These requirements ensure that medical cannabis establishments in South Dakota maintain the highest standards of data security and patient privacy, reflecting the state’s commitment to protecting its medical cannabis users.