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SOUTH DAKOTA MARIJUANA FREQUENTLY ASKED QUESTIONS

WITH THE PASSING OF INITIATED MEASURE 26, NOT ONLY DOES THIS MEAN AN ENTIRELY NEW MEDICAL MARIJUANA PROGRAM FOR SOUTH DAKOTA, BUT IT ALSO MEANS NEW PATIENTS. THE MEDICAL MARIJUANA PROGRAM CAN BE DIFFICULT TO NAVIGATE EVEN FOR THE MOST EXPERIENCED CANNABIS USERS. WHEN A NEW MEDICAL MARIJUANA PROGRAM IS PUT INTO PLACE IN ANY STATE, IT CAN RAISE A LOT OF QUESTIONS FOR PROSPECTIVE PATIENTS.

PLEASE VIEW A LIST OF FAQS FROM POTENTIAL PATIENTS ABOUT SOUTH DAKOTA'S UPCOMING MEDICAL MARIJUANA PROGRAM.

Initiated Measure 26 establishes a medical marijuana program for patients diagnosed with one or more serious health conditions. This is specifically for medical marijuana. The measure requires the Department of Health, no later than 120 days after the effective date of the initiative, to enact rules related to implementing South Dakota’s medical marijuana program. Since ballot measures in South Dakota take effect on July 1 following completion of the official canvass by the State Canvassing Board, 120 days after the measure’s expected effective date of July 1, 2020, is October 29, 2021. The Department of Health was required under the measure to issue registry identification cards to qualified patients no later than 140 days after the effective date of the measure.

Constitutional Amendment A legalizes, regulates, and taxes marijuana for adults 21 and over. It also requires the legislature to pass laws by April 1, 2022 regulating the cultivation, processing, and sale of hemp. This is specifically for recreational marijuana.

​Medical Marijuana will be implemented on July 1, 2021 in South Dakota. House Bill 1100 which sought to delay implementation until January 1, 2022 failed to pass during the last week of legislative session, meaning that implementation will move forward with no changes to the statutes passed under Initiated Measure 26.

Recreational cannabis remains illegal, despite being approved by a majority of voters.

Unfortunately, since medical marijuana is not federally legal, insurance companies will not cover any of the costs at this time. With federal legalization not far off, this could definitely be a possibility in the future once recreational use is approved in the U.S. 

Any qualifying resident of South Dakota, may apply to receive a medical marijuana card (including minors). To qualify for medical marijuana in South Dakota, a person must have a debilitating medical condition defined by the state. 

Only you and your medical marijuana physician who certifies you will know that you are a South Dakota medical marijuana patient, as this is protected under HIPAA. Measure 26 provides medical marijuana patients “all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication.” Employers would not be required to allow cannabis ingestion in the workplace, nor would they be required to allow employees to work under the influence of cannabis. A “registered qualifying patient may not be 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,” according to the measure.

The Medical Marijuana Initiative does not affect an employer’s ability to restrict the use of marijuana by employees. You can still be fired for cannabis consumption if your job prohibits it.

Yes. According to the measure, patients registered to cultivate marijuana at home can grow 3 plants at a minimum. The plants need to be in a private residence in a locked space that is not visible to the public. A maximum of 6 marijuana plants can be kept in one residence at a time, regardless of how many individuals at the property are growing marijuana plants. The person who owns or controls the private property can forbid marijuana cultivation on the property.

Yes. Medical marijuana is treated the same as alcohol use in the eyes of the law. Anyone who is caught under the influence of medical marijuana while operating or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized forms of transportation while under the influence of marijuana, could face criminal offenses as it is still illegal under the current law. <

Possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency.

South Dakota medical marijuana patients can possess up to three ounces of marijuana at a given time. 

Medical marijuana dispensaries are not yet open, but will eventually be established under the Medical Marijuana Initiative. Since ballot measures in South Dakota take effect on July 1 following completion of the official canvass by the State Canvassing Board, 120 days after the measure’s expected effective date of July 1, 2020, is October 29, 2021.

Medical Marijuana can only be consumed on private property, away from public view. Recreational cannabis remains illegal, despite being approved by a majority of voters.

As the state of South Dakota has not begun the dispensary licensing process. The bill has not stated a limit on how many dispensaries can be established, but we assume dispensaries will be located in major cities like Sioux Falls, Rapid City, Aberdeen, Brookings, and Watertown. 

It means that you are 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; 

You can assist no more than 5 qualifying patients with the medical use of cannabis, unless the designated caregiver’s qualifying patients each reside in or are admitted to a healthcare facility or residential care facility where the designated caregiver is employed; Disclaimer: The state of South Dakota has the right / may allow for more or less caregivers in the future.

In an enclosed, locked facility, which would be 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;

No school may refuse to enroll to and may not otherwise penalize a person solely for the person’s status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school to lose a monetary or licensing-related benefit under federal law or regulation.

No landlord may refuse to lease to and may not otherwise penalize a person solely for the person’s status as a cardholder, unless failing to do so would violate federal law or regulations or cause the landlord to lose a monetary or licensing-related benefit under federal law or regulation.

No person may be denied custody of or visitation rights or parenting time with a minor solely for the person’s status as a cardholder, and there is no presumption of neglect or child endangerment for conduct allowed under this Act, unless the person’s behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.

The card will  have the card holder’s name; a designation of whether the cardholder is a qualifying patient or a designated caregiver; the date of issuance and expiration date of the registry identification card; a random ten-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder; if the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist; a clear indication of whether the cardholder has been designated to cultivate cannabis plants for the qualifying patient’s medical use; a photograph of the cardholder; and the phone number or website address where the card can be verified.

Cannabis product manufacturing facility, Cannabis testing facility, and Cannabis cultivation facility.

A registry identification card expires one year after the date of issue. Unless the practitioner states in the written certification that the qualifying patient would benefit from cannabis until a specified earlier date, then the registry identification card expires on that date.

A local government may require a medical cannabis establishment to obtain a local license, permit, or registration to operate, and may charge a reasonable fee for the local license, permit, or registration. Each medical cannabis establishment shall conduct a background check into the criminal history of each person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the medical cannabis establishment. A medical cannabis establishment shall implement appropriate security measures designed to deter and prevent the theft of cannabis and unauthorized entrance into any area containing cannabis. A medical cannabis establishment is subject to inspection by the department during business hours. A medical cannabis establishment may not permit any person to consume cannabis on the property of a medical cannabis establishment. No medical cannabis establishment other than a cannabis product manufacturer may produce cannabis concentrates, cannabis extractions, or other cannabis products.

All cultivation, harvesting, manufacturing and packaging of cannabis shall take place in a secure facility at a physical address provided to the department during the registration process. The secure facility may only be accessed by agents of the medical cannabis establishment, emergency personnel, and adults who are twenty-one years of age and older and who are accompanied by a medical cannabis establishment agent.

Within the United States’ federalist system of government, legal precedents have established that states are not obligated to enforce federal laws. Opponents of marijuana policy reforms sometimes claim that state legalization laws could be “preempted” or overturned by federal law, but scholars have rejected this argument. Eleven states have legalized marijuana for adults’ use, and thirty-three have legalized it for medical purposes. No federal challenge has succeeded in overturning these laws.

The South Dakota Health Department reserves the right to remove a licensee or MMJ cardholder from the program if found in violation of rules. It can also deny, suspend, or revoke a license.

Look no further, see one of our compassionate medical marijuana physicians and get your medical card today from home.