An Act to prohibit cardholder cultivation of medical cannabis.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 34-20G-1 be AMENDED:
34-20G-1. Terms used in this chapter mean:
(1) "Allowable amount of
cannabis," means:
(a) Three ounces of cannabis or less; and
(b) The quantity of cannabis products as established by rules promulgated by the department under 34-20G-72;
(c) If
the cardholder has a registry identification card allowing
cultivation, three cannabis plants minimum or as prescribed by
physician; and
(d) If
the cardholder has a registry identification card allowing
cultivation, the amount of cannabis and cannabis products that were
produced from the cardholder's allowable plants, if the cannabis and
cannabis products are possessed at the same property where the plants
were cultivated;
(2) "Bona fide practitioner-patient relationship,":
(a) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner has completed an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination;
(b) The practitioner has consulted with the patient with respect to the patient's debilitating medical condition; and
(c) The practitioner is available to or offers to provide follow-up care and treatment to the patient, including patient examinations;
(3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures;
(4) "Cannabis product manufacturing facility," an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary;
(5) "Cannabis testing facility" or "testing facility," an independent entity registered with the department pursuant to this chapter to analyze the safety and potency of cannabis;
(6) "Cardholder," a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card;
(7) "Cultivation facility," an entity registered with the department pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment;
(8) "Debilitating medical condition,":
(a) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or
(b) Any other medical condition or its treatment added by the department, as provided for in 34-20G-26;
(9) "Department," means
the Department of Health;
(10) "Designated caregiver," a person who:
(a) Is at least twenty-one years of age;
(b) Has agreed to assist with a qualifying patient's medical use of cannabis;
(c) Has not been convicted of a disqualifying felony offense; and
(d) Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver's qualifying patients each reside in or are admitted to a health care facility or residential care facility where the designated caregiver is employed;
(11) "Disqualifying felony offense," a violent crime that was classified as a felony in the jurisdiction where the person was convicted;
(12) "Edible cannabis products," any product that:
(a) Contains or is infused with cannabis or an extract thereof;
(b) Is intended for human consumption by oral ingestion; and
(c) Is presented in the form of foodstuffs, beverages, extracts, oils, tinctures, or other similar products;
(13) "Enclosed,
locked facility," any closet, room, greenhouse, building, or
other enclosed area that is equipped with locks or other security
devices that permit access only by a cardholder or a person allowed
to cultivate the plants. Two or more cardholders who reside in the
same dwelling may share one enclosed, locked facility for
cultivation;
(14) "Medical
cannabis" or "cannabis," marijuana as defined in
22-42-1;
(15)(14) "Medical
cannabis dispensary" or "dispensary," an entity
registered with the department pursuant to this chapter that
acquires, possesses, stores, delivers, transfers, transports, sells,
supplies, or dispenses cannabis, cannabis products, paraphernalia, or
related supplies and educational materials to cardholders;
(16)(15) "Medical
cannabis establishment," a cultivation facility, a cannabis
testing facility, a cannabis product manufacturing facility, or a
dispensary;
(17)(16) "Medical
cannabis establishment agent," an owner, officer, board member,
employee, or volunteer at a medical cannabis establishment;
(18)(17) "Medical
use," includes
the
acquisition, administration, cultivation,
manufacture, delivery,
harvest,
possession, preparation, transfer, transportation, or use of cannabis
or paraphernalia relating to the administration of cannabis to treat
or alleviate a registered qualifying patient's debilitating medical
condition or symptom associated with the patient's debilitating
medical condition. The term does not include:
(a) The cultivation of cannabis
by a
nonresident
any cardholder;
or
(b) The
cultivation of cannabis by a cardholder who is not designated as
being allowed to cultivate on the cardholder's registry
identification card; or
(c) The
extraction of resin from cannabis by solvent extraction unless the
extraction is done by a cannabis product manufacturing facility;
(19)(18) "Nonresident
cardholder," a person who:
(a) Has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medical treatment of a person who has been diagnosed with a debilitating medical condition;
(b) Is not a resident of this state or who has been a resident of this state for fewer than forty-five days;
(c) Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medical purposes in the jurisdiction of issuance; and
(d) Has submitted any documentation required by the department, and has received confirmation of registration;
(20)(19) "Practitioner,"
a physician who is licensed with authority to prescribe drugs to
humans. In relation to a nonresident cardholder, the term means a
person who is licensed with authority to prescribe drugs to humans in
the state of the patient's residence;
(21)(20) "Qualifying
patient," a person who has been diagnosed by a practitioner as
having a debilitating medical condition;
(22)(21) "Registry
identification card," a document issued by the department that
identifies a person as a registered qualifying patient or registered
designated caregiver, or documentation that is deemed a registry
identification card pursuant to 34-20G-29
to 34-20G-42,
inclusive; and
(23)(22) "Written
certification," a document dated and signed by a practitioner,
stating that in the practitioner's professional opinion the patient
is likely to receive therapeutic or palliative benefit from the
medical use of cannabis to treat or alleviate the patient's
debilitating medical condition or symptom associated with the
debilitating medical condition. This document shall affirm that it is
made in the course of a bona fide practitioner-patient relationship
and shall specify the qualifying patient's debilitating medical
condition.
Section 2. That 34-20G-2 be AMENDED:
34-20G-2. A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:
(l) The medical use of cannabis
in accordance with this chapter, if the cardholder does not possess
more than the allowable amount of cannabis,
and if any cannabis plant is either cultivated in an enclosed, locked
facility or is being transported;
(2) Reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of cannabis;
(3) Transferring the cannabis to a testing facility;
(4) Compensating a dispensary or a testing facility for goods or services provided; or
(5) Selling,
transferring, or delivering cannabis seeds produced by the cardholder
to a cultivation facility or dispensary; or
(6) Offering
or providing cannabis to a cardholder for a registered qualifying
patient's medical use, to a nonresident cardholder, or to a
dispensary if nothing of value is transferred in return and the
person giving the cannabis does not knowingly cause the recipient to
possess more than the allowable amount of cannabis.
Section 3. That 34-20G-9 be AMENDED:
34-20G-9. No cultivation facility or a cultivation facility agent is subject to prosecution, search, or inspection, except by the department pursuant to 34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:
(1) Possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack, or store cannabis;
(2) Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided;
(3) Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return;
(4) Purchase or otherwise acquire cannabis from a cultivation facility;
(5) Purchase cannabis seeds from
a cardholder, nonresident cardholder, or
the equivalent of a medical cannabis establishment that is registered
in another jurisdiction; or
(6) Deliver, sell, supply, transfer, or transport cannabis, cannabis paraphernalia, or related supplies or educational materials to a cultivation facility and dispensary.
Section 4. That 34-20G-12 be AMENDED:
34-20G-12.
A
cardholder, nonresident cardholder, or the
The
equivalent of a
medical cannabis establishment that is registered in another
jurisdiction may sell or donate cannabis seeds to a cultivation
facility in this state.
Section 5. That 34-20G-18 be AMENDED:
34-20G-18. This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct:
(1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice;
(2) Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility;
(3) Smoking cannabis:
(a) On any form of public transportation; or
(b) In any public place or any place that is open to the public;
(4) Operating, navigating, or
being in actual physical control of any motor vehicle, aircraft,
train, or motorboat while under the influence of cannabis, except
that a registered qualifying patient or nonresident cardholder is not
considered to be under the influence of cannabis solely because of
the presence of metabolites or components of cannabis that appear in
insufficient concentration to cause impairment.;
(5) Cultivating cannabis by any person not licensed or registered with the state to cultivate cannabis; or
(6) Cultivating cannabis in a manner not authorized by this chapter or by administrative rules promulgated under this chapter.
Section 6. That 34-20G-27 be AMENDED:
34-20G-27. Nothing in this chapter requires:
(1) A government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of cannabis; or
(2) Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke cannabis on or in that pr