For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The terms and definitions found in SDCL § 34-20G-1 are specifically adopted for the purpose of this chapter.
ALLOWABLE AMOUNT OF CANNABIS.
(1) Three ounces of cannabis or less;
(2) The quantity of cannabis products as established by rules promulgated by the Department under SDCL § 34-20G-72;
(3) If the cardholder has a registry identification card allowing cultivation, two flowering cannabis plants and two cannabis plants that are not flowering; and
(4) If the cardholder has a registry identification card allowing cultivation, the amount of cannabis and cannabis products that were produced from the cardholder’s allowable plants, if the cannabis and cannabis products are possessed at the same property where the plants were cultivated.
BACKGROUND CHECK. A criminal background investigation by means of a fingerprint check by the Division of Criminal Investigation pursuant to SDCL 34-20G-61. A completed fingerprint card shall be submitted to the County Sheriff’s Office or other state law enforcement agency. Upon completion of the criminal background investigation, the Division of Criminal Investigation shall forward to the county all information obtained as a result of the criminal background investigation.
BONA FIDE PRACTITIONER-PATIENT RELATIONSHIP.
(1) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner has completed an assessment of the patient’s medical history and current medical condition, including an appropriate, in-person physical examination;
(2) The practitioner has consulted with the patient with respect to the patient’s debilitating medical condition; and
(3) The practitioner is available to, or offers to, provide follow-up care and treatment to the patient, including patient examinations.
CANNABIS PRODUCT MANUFACTURING FACILITY. An entity registered with the Department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary.
CANNABIS PRODUCTS.
(1) 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.
(2) The term includes edible CANNABIS PRODUCTS, beverages, topical products, ointments, oils, and tinctures.
CANNABIS TESTING FACILITY or TESTING FACILITY. An independent entity registered with the Department pursuant to this chapter to analyze the safety and potency of cannabis.
CARDHOLDER. A qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card.
CULTIVATION FACILITY. An entity registered with the Department pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment.
DEBILITATING MEDICAL CONDITION.
(1) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or
(2) Any other medical condition or its treatment added by the Department, as provided for in SDCL § 34-20G-26.
DEPARTMENT. The South Dakota Department of Health.
DESIGNATED CAREGIVER. A person who:
(1) Is at least 21 years of age;
(2) Has agreed to assist with a qualifying patient’s medical use of cannabis;
(3) Has not been convicted of a disqualifying felony offense; and
(4) Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver’s qualifying patients each reside in, or are admitted to, a healthcare facility or residential care facility where the designated caregiver is employed.
DISQUALIFYING FELONY OFFENSE. A violent crime that was classified as a felony in the jurisdiction where the person was convicted.
EDIBLE CANNABIS PRODUCTS. Any product that:
(1) Contains, or is infused with, cannabis, or an extract thereof;
(2) Is intended for human consumption by oral ingestion; and
(3) Is presented in the form of foodstuffs, beverages, extracts, oils, tinctures, or other similar products.
ENCLOSED, LOCKED FACILITY.
(1) Any closet, room, greenhouse, building, or other enclosed area that is equipped with locks or other security devices that permit access only by a cardholder or a person allowed to cultivate the plants.
(2) Two or more cardholders who reside in the same dwelling may share one ENCLOSED, LOCKED FACILITY for cultivation.
MEDICAL CANNABIS or CANNABIS. Marijuana as defined in SDCL § 22-42-1.
MEDICAL CANNABIS DISPENSARY or DISPENSARY. An entity registered with the State Department of Health pursuant to SDCL Chapter 34-20G that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders.
MEDICAL CANNABIS ESTABLISHMENT. A cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a dispensary.
MEDICAL CANNABIS ESTABLISHMENT AGENT. An owner, officer, board member, employee, or volunteer at a medical cannabis establishment.
MEDICAL USE.
(1) Includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptom associated with the patient’s debilitating medical condition.
(2) The term does not include:
(a) The cultivation of cannabis by a nonresident cardholder;
(b) The cultivation of cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder’s registry identification card; or
(c) The extraction of resin from cannabis by solvent extraction unless the extraction is done by a cannabis product manufacturing facility.
NONRESIDENT CARDHOLDER. A person who:
(1) Has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medical treatment of a person who has been diagnosed with a debilitating medical condition;
(2) Is not a resident of this state or who has been a resident of this state for fewer than 45 days;
(3) Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the U.S., or country recognized by the U.S. that allows the person to use cannabis for medical purposes in the jurisdiction of issuance; and
(4) Has submitted any documentation required by the Department, and has received confirmation of registration.
PRACTITIONER.
(1) A physician who is licensed with authority to prescribe drugs to humans pursuant to SDCL § 36-4.
(2) In relation to a nonresident cardholder, the term means a person who is licensed with authority to prescribe drugs to humans in the state of the patient’s residence.
QUALIFYING PATIENT. A person who has been diagnosed by a practitioner as having a debilitating medical condition.
REGISTRY IDENTIFICATION CARD. A document issued by the Department that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a REGISTRY IDENTIFICATION CARD pursuant to SDCL §§ 34-20G-29 through 34-20G-42 inclusive.
WRITTEN CERTIFICATION. A document dated and signed by a practitioner, stating that, in the practitioner’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s debilitating medical condition, or a symptom associated with the debilitating medical condition. This document shall affirm that it is made in the course of a bona fide practitioner-patient relationship and shall specify the qualifying patient’s debilitating medical condition.
(Ord. 2107-59, passed 7-29-2021; Ord. 2210-34, passed 10-25-2022)