Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL § 34-20G-1.
CANNABIS (or MARIJUANA). All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.
CANNABIS CULTIVATION FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
CANNABIS DISPENSARY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that is a retail type 1 setting and acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
CANNABIS ESTABLISHMENT. A cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
CANNABIS PRODUCT MANUFACTURING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
CANNABIS PRODUCTS. Any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
CANNABIS TESTING FACILITY. In addition to the definition in SDCL § 34-20G-1 this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
CHURCH. A building that is open to the general public for attendance at regularly held religious services. Services are to be held at least a weekly 52 weeks a year.
PUBLIC OR PRIVATE SCHOOL. Any preschool, elementary school, middle school, secondary school, or high school. The term also includes any daycare or childcare center.
RESIDENCE. A recreational vehicle or a tent are not RESIDENCES under this subchapter.
UNLICENSED CANNABIS ESTABLISHMENT. An entity that would otherwise meet the definition of a cannabis establishment, but which is not legally licensed by the City of Lead and does not have a current and valid registration certificate issued by the South Dakota Department of Health.
(Ord. 1081-21, passed 10-18-2021)