CLOSE
WEBSITE OF THE STATE OF SOUTH DAKOTA DEPARTMENT OF HEALTH
Kim Malsam-Rysdon, Secretary of Health

Medical Marijuana

In the November 2020 election, the people of South Dakota passed Initiated Measure 26, which generally authorizes and legalizes the use of marijuana for medical purposes. The Department of Health is tasked with creating and operating a new regulatory program to ensure the safety of patients and the public in this new industry.

RFP for Medical Marijuana Patient Registry, Verification, and Licensing System

The South Dakota Department of Health (SD-DOH) issued a request for proposal (RFP) (ID #2357) for a statewide patient registry, verification and licensing system to be used in the implementation of the medical marijuana program.

Pursuant to South Dakota Codified Law 34-20G, the SD-DOH is responsible for implementing a secure web-based patient verification system by October 29, 2021, and a patient registry system by November 18, 2021. These systems are necessary to ensure that patients and caregivers can be accurately identified, and to ensure that only verified patients and caregivers have access to medical marijuana.

The patient verification system will also ensure that South Dakota law enforcement officials have the necessary tools to accurately identify medical marijuana patients/caregivers they may encounter. Additionally, a state licensing system will be used to accept applications for medical marijuana establishments and will facilitate multi-jurisdictional collaboration in compliance with state law.

The State will consider solutions hosted by the State or the vendor. If a vendor chooses to provide responses for each solution, they should submit separate proposals.

RFP (ID #2357) questions may be sent to Sakura Rohleder via email to: Sakura.Rohleder@state.sd.us 

STATUTE & RULES

SDCL 34-20G - Medical Cannabis - Effective July 1, 2021

Frequently Asked Questions about Medical Marijuana

PATIENT INFORMATION

Where do I find the laws about medical marijuana in South Dakota?
Initiated Measure 26 became South Dakota Codified Law (SDCL) 34-20G.

How can I participate in the rule making process?
SDCL 1-26 outlines the Administrative Rule making process. SDCL 34-20G-72 requires the Department of Health to promulgate Administrative Rules for the medical marijuana program by October 29, 2021. Keep checking this site for information on opportunities to participate in the rule making process including providing written comments and participating in the public hearing.

You may also submit comments and/or request administrative rule draft document(s) by emailing: DOHComments@state.sd.us. Please be sure to include your full contact information along with your request/message.

Where can I get Administrative Rule updates?
To receive Department of Health administrative rules updates as they become available, please register your email address by clicking here.

Where can I access medical marijuana on July 1, 2021?
No licenses for medical marijuana establishments will be issued immediately following July 1, 2021. By October 29, 2021, the Department of Health will promulgate Administrative Rules to establish and implement program rules related to patient cards, medical marijuana establishments, and various related topics. Any sale or purchase of marijuana outside of the regulated medical marijuana establishments is illegal.

What are the qualifying conditions to become a medical marijuana patient?
Currently, a condition that allows a patient to use medical marijuana must be a“debilitating medical condition,” which is defined as:

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.

The process to request qualifying conditions be added to the list will be governed by Administrative Rules. The Department of Health will promulgate these rules by October 29, 2021.

Who provides the certification for a medical marijuana patient?
Per SDCL 34-20G-1, physicians with authority to prescribe drugs must provide a written certification stating that in their 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 condition or symptom associated with the debilitating condition.  The document must 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.

What is the process to apply for medical marijuana card?

This is under development. The Department of Health will begin accepting applications and issuing patient cards by November 18, 2021.

Can a medical marijuana patient have a designated caregiver?

Yes, so long as the designated caregiver:

  • Is at least twenty-one years of age;
  • Has agreed to assist with a qualifying patient's medical use of cannabis;
  • Has not been convicted of a disqualifying felony offense; and
  • 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.

What do I need to be able to grow marijuana plants in my home on July 1st?

To be approved as a patient eligible for cultivation, you must have a certification from your physician that you are eligible to cultivate medical marijuana. In addition, you will need to apply to the Department of Health when that process is available. The Department of Health will establish and implement rules related to this process by October 29, 2021.

How will medical professionals/ care provider(s) and/or law enforcement representatives be able to verify I hold a valid medical marijuana permit holder?
On 04/26/21, the South Dakota Department of Health (SD-DOH) issued a request for proposal (RFP) (ID #2357) for a statewide patient registry, verification, and licensing system to be used in the implementation of the medical marijuana program.

This system will ensure that patients and caregivers can be accurately identified and ensure that only verified patients and caregivers have access to medical marijuana. The patient verification system will also ensure that South Dakota law enforcement officials have the necessary tools to accurately identify medical marijuana patients/caregivers they may encounter.

Will the information I provide to obtain a medical marijuana registration be secure?
The South Dakota Department of Health takes privacy and health information security seriously. We aim to develop a secure online registry system for patients, caregivers, physicians and law enforcement that meets or exceed all state and federal standards for confidentiality, accessibility, and information security.

MEDICAL MARIJUANA ESTABLISHMENTS

Where do I find the laws about medical marijuana in South Dakota?

Initiated Measure 26 became South Dakota Codified Law (SDCL) 34-20G.

What kind of business registrations will be available for medical marijuana establishments?
SDCL 34-20G establishes the following registration types: cultivator, manufacturer, dispensary, and testing. Collectively these are referred to as establishments. The Department of Health will promulgate rules related to medical marijuana establishments and the issuance of business registrations by October 29, 2021.

Where do I apply for a medical marijuana business registration?
The Department of Health will issue business registrations to medical marijuana establishments according to Administrative Rules that are under development. These rules will be promulgated by October 29, 2021.
Note: Additional registration and operational requirements may be established/required at the local level.

To apply for a medical marijuana business license, what documents will I need and how much will the registration cost?
This is under development. The Department of Health has until October 29, 2021 to promulgate rules related to business registration and the associated fee structure.

Can my business transport marijuana from other states to sell in South Dakota?
No, the transportation of marijuana across state lines remains a federal crime and could result in federal criminal prosecution.