ENTITLED An Act to modify provisions related to the control of counties and municipalities over medical marijuana establishments within their jurisdictions.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 34-20G-56 be AMENDED:
34-20G-56. If the governing body of a county has enacted a numerical limit on the number of medical cannabis establishments in the county and a greater number of applicants seek registration, the department shall solicit and consider input from the county as to its preference for registration.
If the governing body of a municipality has enacted a numerical limit on the number of medical cannabis establishments in the municipality, and a greater number of applicants seek registration, the department shall solicit and consider input from the municipality as to its preference for registration.
Section 2. That 34-20G-58 be AMENDED:
34-20G-58. The governing body of a municipality may enact an ordinance not in conflict with this chapter, regardless of whether it has enacted a zoning ordinance pursuant to title 11, imposing:
(1) Restrictions on a medical cannabis establishment to govern the time, place, and manner of operation;
(2) A limit on the number of medical cannabis establishments in the municipality;
(3) Reasonable setback requirements;
(4) Limitations on the proximity of a medical cannabis establishment to:
(a) Any sensitive land-use area, including a childcare facility, park, public service facility, recreational facility, religious facility, school, and any location frequented by individuals under the age of twenty-one; or
(b) Any other medical cannabis establishment;
(5) Requirements for a medical cannabis establishment to obtain a local license, permit, or registration to operate; or
(6) Reasonable fees for any local license, permit, or registration.
The governing body of a county may enact an ordinance governing all matters set forth in this section. The county ordinance applies throughout its jurisdiction, except within the boundaries of a municipality that has enacted an ordinance in accordance with this section.
A county or municipality may impose a civil penalty for the violation of an ordinance enacted in accordance with this section.
Section 3. That 34-20G-59 be AMENDED:
34-20G-59. No county or municipality may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the county or municipality.
Section 4. That 34-20G-58.1 be REPEALED.
Section 5. That 34-20G-60 be REPEALED.
An Act to modify provisions related to the control of counties and municipalities over medical marijuana establishments within their jurisdictions.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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