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Vermillion, SD Code of Ordinances
VERMILLION, SOUTH DAKOTA CODE OF ORDINANCES
CURRENT OFFICIALS of the CITY OF VERMILLION, SOUTH DAKOTA
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
CHAPTER 123: LICENSING OF MEDICAL CANNABIS ESTABLISHMENTS
Section
   123.01   Definitions
   123.02   Purpose and intent
   123.03   Other laws
   123.04   Authority
   123.05   Medical cannabis establishment license required
   123.06   Term of license
   123.07   License not transferrable
   123.08   Establishment requirements
   123.09   Application for medical cannabis establishment license
   123.10   Application fee
   123.11   Annual license fee
   123.12   Additional permits and licenses
   123.13   Inspections and facility standards
   123.14   Approval process
   123.15   Preliminary approval and issuance of license
   123.16   Certificate of occupancy
   123.17   Annual license fee refundable
   123.18   Medical cannabis establishment license rules of operation
   123.19   License revocation, penalties and reinstatement
   123.20   No city liability; indemnification; no defense
Cross-reference:
   Medical cannabis establishments, see Ch. 158
§ 123.01 DEFINITIONS.
   The following words and phrases, when used in this chapter, shall have the meanings ascribed to them. In addition to the definitions contained in this section, other terms used in this chapter shall have the meaning ascribed to them in SDCL § 34-20G-1 and SDCL § 22-42-1, and such definitions are hereby incorporated into this section by this reference.
   APPLICANT. Any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this chapter. If the APPLICANT is an entity and not a natural person, APPLICANT shall include all persons who are the members, managers, officers, directors, and volunteers of such entity.
   CANNABIS CULTIVATION FACILITY. An entity registered with the South Dakota Department of Health that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment.
   CANNABIS PRODUCT MANUFACTURING FACILITY. An entity registered with the South Dakota Department of Health that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis establishment.
   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. An independent entity registered with the South Dakota Department of Health to analyze the safety and potency of cannabis.
   CARDHOLDER. Any person who has been issued and possesses a valid registry identification card pursuant to SDCL Chapter 34-20G.
   CITY. The City of Vermillion, South Dakota, its governing body, officers, employees and agents.
   DISQUALIFYING FELONY OFFENSE. A crime that was classified as a felony in the jurisdiction where the person was convicted.
   INITIAL APPLICATION. The first application filed by a person or entity for a medical cannabis establishment license.
   LICENSED PREMISES. The building within which the establishment operates.
   LICENSEE. Any person or business entity that has been issued and holds a valid, current license pursuant to this chapter. If the licensee is an entity and not a natural person, licensee shall encompass all persons who are the members, managers, officers, directors, volunteers, partners, or associates of such entity.
   MEDICAL CANNABIS or CANNABIS. Marijuana as defined in SDCL § 22-42-1.
   MEDICAL CANNABIS DISPENSARY. An entity registered with the South Dakota Department of Health pursuant to this chapter 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 medical cannabis dispensary.
   REGISTRY IDENTIFICATION CARD. A document issued by South Dakota Department of Health 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.
(Ord. 1435, passed 6-7-2021; Am. Ord. 1444, passed 11-1-2021; Am. Ord. 1451, passed 12-20-2021)
§ 123.02 PURPOSE AND INTENT.
   The purpose of this chapter is to provide for licensing of medical cannabis establishments within the jurisdictional limits of the city in the interest of public health, safety, and general welfare. Nothing in this chapter is intended to promote or condone the sale, distribution, possession, or use of marijuana in violation of any applicable law. Compliance with the requirements of this chapter shall not provide a defense to criminal prosecution under any applicable law unless permitted by SDCL Chapter 34-20G.
(Ord. 1435, passed 6-7-2021)
§ 123.03 OTHER LAWS.
   If the South Dakota Department of Health or South Dakota legislature adopts or enacts any stricter regulation or statute governing a medical cannabis establishment than set forth in this chapter, the stricter regulation or statute shall control the establishment or operation of any medical cannabis establishment in the city. A licensee shall be required to demonstrate, upon demand by the city or by law enforcement officers, that the source and quantity of any cannabis found upon the licensed premises are in full compliance with applicable state regulation. If the South Dakota Department of Health or South Dakota legislature subsequently prohibits the sale or other distribution of medical cannabis, any license issued under this chapter shall be deemed immediately revoked by operation of law, with no ground for appeal or other redress by the licensee. The issuance of any license pursuant to this chapter shall not be deemed to create an exception, defense or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the cultivation, possession, sale, distribution, or use of marijuana except to the extent permitted by SDCL Chapter 34-20G.
(Ord. 1435, passed 6-7-2021)
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