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 introduces a more flexible framework, allowing practitioners to issue certifications if they are the patient's primary care provider, a specialist in the patient's condition, or if the patient has been referred by a qualified practitioner. Notably, the bill specifies that a bona fide relationship is not necessary for patients receiving care through the U.S. Department of Veterans Affairs. Additionally, it mandates that certifications must identify the patient's debilitating condition, affirm the existence of a bona fide relationship, and include details about the practitioner's assessment of the patient's medical history.

The bill also introduces new provisions regarding the certification process, including a fee waiver for a second certification if a follow-up assessment occurs within sixty days of the initial certification, with a limit of one fee waiver per calendar year. It modifies the expiration terms for registry identification cards and establishes a presumption of validity for the medical purpose defense in cannabis-related prosecutions under certain conditions. Furthermore, the bill outlines the responsibilities of the department in regulating medical cannabis establishments, including rules for applications, renewals, and safety standards, while categorizing violations of these rules as Class 2 misdemeanors. Overall, the amendments aim to streamline the certification process and enhance the regulatory framework for medical cannabis use, ensuring patient safety and compliance.

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