Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms, which are defined by SDCL § 34-20G-1.
APPLICANT. A person or entity seeking or renewing a cannabis establishment license. If the application is an entity and not a natural person, APPLICANT shall include all persons who are members, managers, officers, directors, and shareholders of such entity.
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 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 CULTIVATION LICENSE. In addition to the definition in SDCL §§ 34-20G-1 et seq., this term is further defined as a license allowing one to acquire, possess, cultivate, deliver, transfer, transport, supply, or sell cannabis and related supplies to a medical cannabis establishment.
CANNABIS DISPENSARY LICENSE. In addition to the definition in SDCL §§ 34-20G-1 et seq., this term is further defined as a license allowing one to acquire, possess, store, deliver, transfer, transport, sell, supply, or dispense cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders.
CANNABIS ESTABLISHMENT. In addition to the definition in SDCL §§ 34-20G-1 et seq., this term is defined to include a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
CANNABIS ESTABLISHMENT LICENSE. In addition to the definition in SDCL §§ 34-20G-1 et seq., this term contains any license issued pursuant to this chapter for the purposes of cannabis cultivation, testing, manufacturing, or dispensing.
CANNABIS MANUFACTURING LICENSE. In addition to the definition in SDCL §§ 34-20G-1 et seq., a license allowing one to acquire, possesses, manufacture, deliver, transfer, transport, supply, or sell cannabis products to a medical cannabis dispensary
CANNABIS TESTING LICENSE. In addition to the definition in SDCL §§ 34-20G-1 et seq., this term is further defined as a license allowing one to analyze the safety and potency of cannabis.
CARD HOLDER. Any person who has been issued and possesses a valid registry identification card pursuit to SDCL Chapter 34-20G.
CITY. The City of Whitewood, South Dakota. The term includes any personnel, employees, or agents.
COMMON COUNCIL. The Common Council of the city.
DEPARTMENT. The State Department of Health.
DISQUALIFYING FELONY OFFENSES. A crime that was classified as a felony in the jurisdiction where the person was convicted.
FINANCE OFFICER. The currently serving Finance Officer of the city.
INITIAL APPLICATION. The first application filed for a dispensary.
KNOWINGLY.
(1) Knowledge, knowingly, and all derivatives thereof, means a knowledge that the facts exist which bring the act or omission within the provisions of any ordinance, statute, or regulation.
(2) An actor has KNOWLEDGE if that actor is aware that the facts exist which bring the act or omission within the provisions of any ordinance. Knowledge of the unlawfulness of such act or omission under statute, regulation, or ordinance is not required to meet the KNOWINGLY standard.
LICENSEE. Any person or business entity that has been issued and holds a valid, current cannabis establishment license of any type in the city. If the licensee is an entity and not a natural person, LICENSEE shall include all the persons who are members, managers, officers, directors, and shareholder of such entity.
LICENSED PREMISES. The building within which the licensee operates.
MAYOR. The Mayor of the city.
RETAIL AREA. The area of a cannabis establishment where a customer can view and/or purchase cannabis or cannabis products.
SECURED AREA. All parts of a cannabis dispensary except an unsecured waiting room where people may gather before entering the verification lobby or after leaving the secured exit.
SECURED EXIT. The controlled location of a cannabis dispensary located between the retail area of a cannabis dispensary, and the non-secured area or exterior with a secured door at both its entrance and exit which allows eligible persons to exit the retail area.
STATE. The state of South Dakota.
VERIFICATION LOBBY. The controlled location of a cannabis dispensary located between the non-secured area, or exterior, of a cannabis dispensary and the retail floor with a secured door at both its entrance and exit which allows eligible persons to enter the retail area.
(Ord. 2021-004, passed 11-15-2021)