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 establishes new certification requirements that mandate the identification of the patient's debilitating condition and the practitioner's assessment of the patient's medical history.

Moreover, the bill includes provisions that waive the fee 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 also modifies the expiration terms for registry identification cards to ensure they do not exceed one year from issuance and establishes a presumption of validity for the medical purpose defense in cannabis-related prosecutions under certain conditions. The bill further outlines regulations for the registration and renewal of medical cannabis establishments, including scoring systems for applicants and health and safety standards, while imposing penalties for violations such as offering financial incentives for appointments or referrals related to medical cannabis certifications. Overall, the bill aims to enhance the regulatory framework for medical cannabis, ensuring patient access and safety.

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