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 simplified definition, allowing this relationship to be established if the practitioner is 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 issued by practitioners must identify the patient's debilitating condition, confirm the existence of a bona fide relationship, and include relevant medical history and treatment plans.

The legislation also introduces new provisions, such as waiving 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 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. Furthermore, the bill outlines the responsibilities of the department in creating rules for the registration and renewal of medical cannabis establishments, including penalties for practitioners who violate regulations, such as a Class 2 misdemeanor for offering financial incentives for appointments. Overall, the bill aims to strengthen the regulatory framework for medical cannabis while 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