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Establishment Application Material | Food Service Licensing | Local Government Certification | FAQs
Establishment Application Materials
Medical Cannabis Establishment Licensing Portal
Application Checklists
- Dispensary Application Checklist
- Manufacturing Application Checklist
- Cultivation Application Checklist
- Testing Application Checklist
Establishment Forms
- Operational Extension Request Form
- No Prior Certificate Revocation Form
- Testing Financial Conflict of Interest Disclosure Form
- FORM E: Local Government Compliance Certification Form
- Certification of Background Check Form
- Certification of Background Checks for Establishment Agents Form
- Certification of Co-location of Medical Cannabis Establishments Form
In preparing to apply for a medical cannabis establishment registration certificate with the Department of Health, applicants may utilize the checklists above to ensure they are prepared to answer all questions and have gathered the required documents.
Please refer to SDCL 34-20G and ARSD 44:90 for additional application requirements and submission materials.
When closing a medical cannabis establishment, please utilize the Establishment Closing Checklist
Medical Cannabis Food Service Licensing
The South Dakota Department of Health protects residents from sanitation and safety hazards by licensing food services. Therefore, to manufacture medical cannabis edibles, establishments must first obtain a food service license. Manufacturing establishments are encouraged to request a food service information packet to help guide them in obtaining a food service license.
Local Government Compliance Certification
In accordance with South Dakota Codified Law 34-20G-55 and South Dakota Administrative Rule 44:90:03:01, applicants for all medical cannabis establishment types must provide a certification of compliance from the local municipality or county, as applicable, ensuring the applicant’s proposed plans and location meet all local zoning and ordinance requirements.
The Local Government Compliance Certification, labelled Form E, must be filled out by the local municipality or county and returned to the applicant for submission to the state with the application. Establishment applications will not be considered complete until the South Dakota Department of Health has received the Local Government Compliance Certification Form E.
For applicants applying within jurisdictions that had an ordinance in place before October 1, applicants may submit their applications before the November 1 deadline without an executed Local Government Compliance Certification Form E attached to the application. The Local Government Compliance Certification Form E must be supplied to the department within 90 days of submission of the application.
The fillable form version of the local government compliance certification form is available here: https://sddor.seamlessdocs.com/f/DOHFormE. Please note, you must hit “submit” to save the document. You will receive an email that will allow you to download or print the form to send to establishments for attachment to their state application.
Local Government Compliance Certification Form E – PDF Version
Lottery Information
Establishment Lottery Drawing Results
Medical Cannabis Establishment FAQs
SDCL 34-20G establishes the following registration types: cultivator, manufacturer, dispensary, and testing. Collectively, these are referred to as establishments.
Initiated Measure 26 became SDCL 34-20G. Administrative rules for the program can be found at ARSD 44:90.
Register your medical cannabis establishment with the Department of Health.
The South Dakota Medical Cannabis program has developed establishment checklists to help in preparing to apply for a medical cannabis establishment registration certificate. The annual registration fee for a medical cannabis establishment is $9000.
No, the transportation of cannabis across state lines remains a federal crime and could result in federal criminal prosecution.
Yes, SDCL 34-20G-12 allows certified South Dakota medical cannabis cultivation establishments to purchase seeds from the equivalent of a medical cannabis establishment that is registered in another jurisdiction.
Establishments are encouraged to consult with private legal counsel if questioning compliance with any state laws, rules, or local ordinances.
The Department of Health does not provide legal advice regarding special events, as there may be unknown, unique intricacies to each event. Establishments are encouraged to consult private legal counsel to ensure the event is in compliance with SDCL 34-20G, ARSD 44:90, and local ordinances.
Establishments are encouraged to consult private legal counsel if concerned about compliance with SDCL 34-20G, ARSD 44:90, and local ordinances.
The Department of Health does not provide legal advice on packaging, logos, or branding. Please consult private legal counsel for questions on compliance with the administrative rule.
If you are experiencing an issue with Metrc, please contact Metrc before contacting the Office of Medical Cannabis. You can submit a Metrc support ticket or email support@metrc.com.
A list of recalled products, identified by their tag numbers, can be found on the 'News & Updates' page.
The SD Department of Health does not provide refunds to dispensaries for the purchased products that were recalled. Please refer to your purchase agreement with the manufacturer and consult with your private attorney if necessary.
Each recall is based on its own set of facts. Every recall that is initiated by the SD Department of Health will be posted, with relevant recall information, including any safety concerns, on the 'News & Updates' page.