2023 South Dakota Legislature

Senate Bill 134

ENROLLED

An Act

ENTITLED An Act to revise membership of the Medical Marijuana Oversight Committee.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   34-20G-92 be AMENDED:

34-20G-92. The Executive Board of the Legislative Research Council shall appoint an oversight committee consisting of:

(1) Two members of the Senate;

(2) Two members of the House of Representatives;

(3) One physician licensed in accordance with chapter 36-4;

(4) One physician assistant licensed in accordance with chapter 36-4A;

(5) One certified nurse practitioner licensed in accordance with chapter 36-9A;

(6) One chief of police for a municipality having a population in excess of fifty-thousand, or a representative of the police department designated by the chief;

(7) One sheriff of a county or a representative of the sheriff's office designated by the sheriff;

(8) One professional counselor licensed in accordance with chapter 36-32 or one addiction counselor licensed in accordance with chapter 36-34; and

(9) One qualifying patient.

Each appointee shall serve for a term of two years and may be reappointed.

Section 2. That chapter 34-20G be amended with a NEW SECTION:

Beginning in 2023, and every two years thereafter, the oversight committee shall select from among itself one legislator to serve as the chair and one legislator, from the opposite chamber, to serve as the vice chair.

Beginning in 2025, the legislators selected to serve as the chair and vice chair may not be from the same chamber as their immediate predecessors.

Section 3. That   34-20G-93 be AMENDED:

34-20G-93. The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the Legislature and the department regarding:

(1) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical cannabis;

(2) The effectiveness of the dispensaries and cultivation facilities, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services by dispensaries, the reasonableness of their prices, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the state's registered qualifying patients;

(3) The effectiveness of the cannabis testing facilities, including whether a sufficient number are operating;

(4) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the department to ensure that access to and use of cannabis cultivated is provided only to cardholders;

(5) Any recommended additions or revisions to the department regulations or this chapter, including relating to security, safe handling, labeling, and nomenclature; and

(6) Any research studies regarding health effects of medical cannabis for patients.

The oversight committee shall ensure that it seeks relevant input from qualifying patients; designated caregivers; pharmacists; school boards and administrators; parents; municipal representatives; state agencies, including the Department of Health, the South Dakota Division of Criminal Investigation, and the Department of Public Safety; and medical cannabis establishments.

An Act to revise membership of the Medical Marijuana Oversight Committee.

I certify that the attached Act originated in the:

Senate as Bill No. 134

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 134

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2023 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2023

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2023

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State

Statutes affected:
Introduced, 01/25/2023: 34-20G-92
Senate Judiciary Engrossed, 02/14/2023: 34-20G-92
House Health and Human Services Engrossed, 03/02/2023: 34-20G-92
Conference Committee Engrossed, 03/09/2023: 34-20G-92, 34-20G-93
Enrolled, 03/09/2023: 34-20G-92, 34-20G-93