An Act to enable the exercise of control by local governments over the presence and operation of medical marijuana establishments within their jurisdictions.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 34-20G-57 be AMENDED:
34-20G-57.
The department
shall issue a renewal registration certificate within ten days of
receipt of the prescribed renewal application and renewal fee from a
medical cannabis establishment if
the:
(1) The
establishment's
registration certificate is not under suspension and;
(2) The establishment's registration certificate has not been revoked; and
(3) The establishment's operation is not in violation of a local government ordinance enacted in accordance with 34-20G-58.
Section 2. That 34-20G-58 be AMENDED:
34-20G-58.
A local government
may enact an ordinance
not in conflict with this chapter, governing the time, place, manner,
and number of medical cannabis establishments in the locality
prohibiting the operation of a medical cannabis establishment within
its jurisdiction.
A local government may enact an ordinance imposing on a medical cannabis establishment:
(1) Restrictions to govern the time, place, and manner of operation;
(2) Reasonable setback requirements; and
(3) Limitations on the proximity to:
(a) A childcare facility, park, public service facility, recreational facility, religious facility, school, and any location frequented by individuals under the age of twenty-one;
(b) Any sensitive land-use area; and
(c) Any other medical cannabis establishment.
A local government may
establish civil penalties for
impose a civil penalty for the
violation of an ordinance
governing the time, place, and manner of a medical cannabis
establishment that may operate in the locality
enacted in accordance with this section.
Section 3. That 34-20G-60 be AMENDED:
34-20G-60. An ordinance, enacted in accordance with 34-20G-58, to prohibit the operation of a medical cannabis establishment, may not be applied to an existing establishment during the period for which the establishment's current registration certificate is valid.
A local government may require a medical cannabis establishment to obtain a local license, permit, or registration to operate, and may charge a reasonable fee for the local license, permit, or registration.
Section 4. That 34-20G-58.1 be REPEALED:
For purposes of this
chapter, any municipality that has not enacted a zoning ordinance
pursuant to title 11 governing the location of medical cannabis
establishments may enact an ordinance to regulate the place of
operation of any cannabis-related establishment under this section.
A municipality may
prohibit the location of a medical cannabis establishment in an area
in a sensitive land use area and may establish reasonable setbacks.
For purposes of this section, a sensitive land use area includes
churches, schools, day cares, public service and recreation
facilities, places frequented by people under age twenty-one, and
parks.
A municipality may
require a minimum distance between cannabis-related establishments.
Section 5. That 34-20G-59 be REPEALED:
No local government may
prohibit a dispensary, either expressly or through the enactment of
an ordinance that makes the operation of the dispensary impracticable
in the jurisdiction.