(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, two flowering cannabis plants and two cannabis plants that are not flowering.
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 treatment or consulting relationship between a practitioner and patient, during which:
A. The practitioner completes, at the initial visit, an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination;
B. The patient is under the practitioner's care for the debilitating medical condition that qualifies the patient for the medical use of cannabis or has been referred by the practitioner caring for the patient's debilitating medical condition that qualifies the patient for the medical use of cannabis to another practitioner;
C. The patient has a reasonable expectation that the practitioner providing the written certification will continue to provide follow-up care to the patient to monitor the medical use of cannabis; and
D. The relationship is not for the sole purpose of providing a written certification for the medical use of cannabis unless the patient has been referred by a practitioner providing care for the debilitating medical condition that qualifies the patient for the medical use of cannabis.
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. An individual 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, as defined in SDCL 34-12-1.1, an accredited prevention or treatment facility, as defined in SDCL 34-20A-2, a mental health center, as defined in SDCL 27A-1-1, a child welfare agency, as defined in SDCL 26-6-1, or a community support provider or community services provider, as defined in SDCL 27B-1-17, 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, 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.
FLOWERING CANNABIS PLANT. The reproductive state of the cannabis plant in which the plant shows physical signs of flower budding out of the nodes of the stem.
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, physician assistant, or advance practice registered nurse 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.
A. Stating that the patient has a qualifying debilitating medical condition or symptom associated with the debilitating medical condition;
B. Affirming that the document is made in the course of a bona fide practitioner-patient relationship;
C. Specifying the qualifying patient's debilitating medical condition; and
D. Specifying the expiration date of the qualifying patient's written certification pursuant to SDCL 34-20G-43.
(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; Ord. 68-22, passed 6-14-2022; Ord. 56-24, passed 7-2-2024)