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(A) The terms and definitions found in SDCL 34-20G-1 are specifically adopted for the purpose of this chapter. Specifically:
ALLOWABLE AMOUNT OF CANNABIS.
(a) Three ounces of cannabis or less.
(b) The quantity of cannabis products as established by rules promulgated by the Department under SDCL 34-20G-72.
(c) If the cardholder has a registry identification card allowing cultivation, no more than three cannabis plants unless cardholder meets the requirements provided by the Department and SDCL ch. 34-20G.
(d) If the cardholder has a registry identification card allowing cultivation and meets the requirements set forth by the Department and in SDCL ch. 34-20G, 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.
BONA FIDE PRACTITIONER- PATIENT RELATIONSHIP.
(a) A practitioner and patient have a treatment or consulting relationship, during which the practitioner has completed an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination.
(b) The practitioner has consulted with the patient with respect to the patient's debilitating medical condition.
(c) The practitioner is available to or offers to provide follow-up care and treatment to the patient, including patient examinations.
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 the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term includes cannabis products and 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. 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 1% on a dry weight basis.
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 PRODUCT MANUFACTURING FACILITY. An entity registered with the Department pursuant to SDCL ch. 34-20G that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary.
CANNABIS TESTING FACILITY or TESTING FACILITY. An independent entity registered with the Department pursuant to SDCL ch. 34-20G and licensed by the city 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 SDCL ch. 34-20G that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment.
DEBILITATING MEDICAL CONDITION.
(a) 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 characteristics of multiple sclerosis; or
(b) 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:
(a) Is at least 21 years of age;
(b) Has agreed to assist with a qualifying patient's medical use of cannabis;
(c) Has not been convicted of a disqualifying felony offense;
(d) 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 health care 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:
(a) Contains or is infused with cannabis or an extract thereof;
(b) Is intended for human consumption by oral ingestion;
(c) Is presented in the form of foodstuffs, beverages, extracts, oils, tinctures, or other similar products.
ENCLOSED, LOCKED FACILITY. 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. 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 South Dakota Department of Health pursuant to SDCL ch. 34-20G and licensed by the city 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. 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. 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;
(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:
(a) 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;
(b) Is not a resident of this state or who has been a resident of South Dakota for fewer than 45 days;
(c) Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medical purposes in the jurisdiction of issuance;
(d) Has submitted any documentation required by the Department and has received confirmation of registration.
PLACE OPEN TO THE PUBLIC. A place to which the public is invited or welcome, including in, on, or around any place of business, parking lot, or place of amusement or entertainment, whether or not a charge of admission or entry thereto is required and includes the elevator, lobby, halls, corridors, and areas open to the public of any store, office, or multi-family residential building even if such place charges an admission or limits the number of admittees.
PRACTITIONER. A physician who is licensed with authority to prescribe drugs to humans. 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 to 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 symptom associated with the debilitating medical condition. This document shall affirm that it is made during a bona fide practitioner-patient relationship and shall specify the qualifying patient's debilitating medical condition.
(B) Furthermore, additional terms not defined under SDCL 34-20G-1 are hereby defined as follows:
CERTIFICATION. A signed and notarized affidavit affirming a truthful disclosure of information.
CITY. The City of Sioux Falls, South Dakota.
RULES. Official rules or regulations promulgated and enforced by the Department and city.
(Ord. 105-21, passed 9-7-2021)