(A) Hours of operation. The public shall only be permitted during 8 a.m. to 10 p.m. Employees are not restricted access during any time.
(B) Places of operation.
(1) Pursuant to SDCL § 34-20G-55, no medical cannabis establishment may operate within 1,000 feet of a public or private school, including a daycare facility with more than 21 children.
(2) All medical cannabis establishments in the county must be in a facility where access to cannabis can be restricted and secured. All medical cannabis establishments must have written procedures detailing appropriate security measures designed to deter theft of cannabis.
(3) All medical cannabis establishments must have written procedures detailing how the establishment will prevent unauthorized entrance to any area containing cannabis.
(4) Any cultivation, harvesting, and/or packaging of cannabis must take place in a secure facility at the address on file with the county as a medical cannabis establishment. This secure facility may only be accessed by agents of the medical cannabis establishment, emergency personnel, and adults who are at least 18 years of age and who are accompanied by a medical cannabis establishment agent.
(5) A medical cannabis establishment may not produce cannabis concentrates, cannabis extractions, or other cannabis products, unless the medical cannabis establishment is also licensed or registered as a cannabis product manufacturer.
(6) A medical cannabis establishment may not share office space with a practitioner.
(7) A medical cannabis establishment may not refer a patient to a practitioner.
(8) The county may inspect a medical cannabis facility during business hours to ensure compliance with this chapter.
(C) Security requirements. All medical cannabis establishments shall have the following security systems at a minimum:
(1) Electronic security recording system, internal and external, which retains recordings for 90 days;
(2) Well-lit external parking lot;
(3) Locked, fully enclosed facility;
(4) Internal security to track access to the building and all medical cannabis; and
(5) Any additional security to comply with the requirements of SDCL Chapter 34-20G and the rules of the Department of Health.
(D) Manner of operation.
(1) Anyone who is a board member, principal officer, agent, volunteer, or employee of a medical cannabis establishment in the county must have a current and valid background check before working in or with the medical cannabis establishment.
(2) Any medical cannabis establishment in the county may not employ any person who has been convicted of a disqualifying felony offense.
(3) All employees of a medical cannabis establishment in the county must be over 21 years old.
(4) No medical cannabis establishment may issue cannabis to anyone who is not a qualifying patient with a current and valid registry identification card issued by the State Department of Health or a designated caregiver for a qualifying patient.
(E) Required signage. Medical cannabis establishments or facilities shall have the following signage:
(1) Warning that operating a motor vehicle while under the influence is a criminal act;
(2) Stating that the re-sale of medical cannabis is prohibited by state law; and
(3) Stating that medical cannabis may not be used on the premises.
(Ord. 2107-59, passed 7-29-2021; Ord. 2210-34, passed 10-25-2022) Penalty, see §
111.99