The bill revises the medical cannabis certification requirements in South Dakota by redefining the "bona fide practitioner-patient relationship." It eliminates the previous detailed criteria and allows a practitioner to issue a certification if they are the patient's primary care provider, a specialist in the patient's condition, or referred by such a provider. Notably, it specifies that a bona fide relationship is not necessary for patients receiving care through the U.S. Department of Veterans Affairs. The bill also outlines the essential components of a certification, which include identifying the patient's condition and affirming the practitioner-patient relationship. Additionally, it provides protections for practitioners against penalties for issuing certifications in line with the new requirements while allowing disciplinary actions for inadequate patient evaluations.

Moreover, the legislation introduces a fee waiver for patients who seek a follow-up assessment within sixty days of their initial certification when applying for a second certification. It clarifies the conditions for asserting a medical cannabis defense in legal contexts, detailing permissible amounts of cannabis and related products, and establishing guidelines for cultivation and storage. The bill mandates the Department to create rules for the registration and renewal of medical cannabis establishments, including a standardized certification form and labeling requirements. Stricter penalties are also introduced for unethical practices among practitioners and entities, such as offering financial incentives for referrals. Overall, the bill aims to enhance patient access to medical cannabis while ensuring compliance and safety within the industry.

Statutes affected:
Introduced, 01/15/2025: 34-20G-1, 34-20G-5, 34-20G-5.1, 34-20G-5.2, 34-20G-29, 34-20G-43, 34-20G-51, 34-20G-72, 34-20G-78, 34-20G-78.1