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Yes, medical marijuana is legal in South Dakota for participants in the state's medical marijuana program. South Dakota legalized medical cannabis through a successful ballot measure in November 2020 when 70% of voters approved Initiated Measure No. 26 (IM26), a measure seeking to decriminalize medical cannabis. Ultimately, IM26 became Chapter 34-20G of the South Dakota Codified Law (SDCL). This chapter laid down the rules regulating the use of medical cannabis in the state, including the establishment of the South Dakota Medical Cannabis Program. The program, under the South Dakota Department of Health's (DOH) supervision, began accepting patients and practitioners shortly after the law's codification.
Schedule a telemedicine or in-person appointment with a physician
During the consultation, the physician will determine whether the patient will benefit from the therapeutic use of medical marijuana for their qualifying condition
If the physician determines that the use of medical marijuana will be beneficial, they will issue a medical certification through the South Dakota Medical Cannabis Program Portal
After medical certification, the patient will receive an email to create a profile on the South Dakota Medical Cannabis Program Portal. If the patient is a minor, the caregiver will also get an email to create an account on the portal
The patient must wait for approval by the South Dakota Department of Health (DOH), after which their medical marijuana card will be mailed to them
In South Dakota, medical marijuana is only legal for qualifying patients enrolled in the state's medical marijuana program. To be eligible, a prospective patient must be 18 years or older and reside in the state. They must also be diagnosed with one of the approved debilitating conditions recognized under Subsection 8, Chapter 34-20G-1 of the SDCL. These debilitating conditions are chronic illnesses that cause, or whose treatments cause, any of the following:
South Dakotans can petition the DOH to add more serious conditions to the list of approved qualifying conditions. Chapter 34-20G- 26 of the SDCL mandates the DOH to approve or deny any petition received within 180 days of submission.
In addition to adult residents, South Dakota also allows minors access to medical marijuana as long as they are diagnosed with any of the listed conditions. The state also allows out-of-state medical marijuana patients to get medical cannabis while visiting South Dakota. These individuals can email the state's medical marijuana program for more information.
Yes. However, medical marijuana patients in South Dakota cannot start the medical marijuana application process unless their physician creates certifications for them on the state’s medical cannabis program portal. This automatically allows the patients to create personal accounts for South Dakota medical marijuana cards.
Qualifying medical marijuana patients in South Dakota can only register with the state's medical cannabis program after they get certified by licensed physicians. Enrollment is online but cannot be initiated until their physicians create their certifications, automatically creating the patients' accounts on the South Dakota Medical Cannabis Program Portal.
Yes. A person must be a South Dakota resident with valid proof of residency in order to get a medical marijuana card under the state's medical cannabis program.
South Dakota charges a $75 annual registration fee for its medical marijuana card. However, applicants who can prove their low-income status pay a reduced fee of $20. The state charges an extra $20 fee to medical marijuana patients wishing to cultivate cannabis at home. There is also an additional $20 fee for each additional designated caregiver for individuals designating multiple caregivers. Out-of-state patients applying for South Dakota's medical marijuana card must pay a $75 fee when submitting their applications. A South Dakota medical marijuana card must be renewed annually. The state charges the same fees for renewal as initial application.
When visiting a licensed medical marijuana dispensary to purchase medical cannabis in South Dakota, you must provide your medical cannabis card, photo ID, and written certification from your evaluating healthcare practitioner. Dispensaries require these documents to verify your identity, registration status, and the prescribed amount of medical cannabis.
Per Section 34-20G-1 of the South Dakota Codified Laws, the following medical practitioners can recommend qualifying patients for medical marijuana therapy in the state, provided they are licensed to prescribe drugs to humans:
Yes. A minor can enroll as a patient in South Dakota's medical cannabis program and obtain a registry identification card. However, the parents or legal guardians of eligible minors must consent to the minors' participation and act as their' primary caregivers.
Yes. The legal age to get a South Dakota medical marijuana card without a parent's or legal guardian's consent is 18.
Medical marijuana cardholders in South Dakota must renew their medical marijuana cards no later than 45 days before they expire. To renew your South Dakota medical marijuana card, you must be re-evaluated by a state-licensed healthcare practitioner and then visit the medical marijuana portal online to complete the renewal application and make payments. Patients can remove, add, or substitute caregivers at the time of renewal.
Yes. Residents with South Dakota's medical marijuana cards are allowed to grow marijuana at home. Subsection 1 Chapter 34-20G-1 of the SDCL, permits a cardholder to cultivate up to three cannabis plants at home, with the allowance to grow more. However, the DOH requires approved medical marijuana patients to indicate their desire to grow cannabis at home while joining the state's medical marijuana program. In addition, the evaluating physician must consent to the applicant's request to cultivate marijuana at home before the DOH grants approval. Those seeking to grow more than three marijuana plants at home must also seek the permission of their physicians.
According to Chapter 44:90:02:07 of the Administrative Rules, the DOH requires home cannabis cultivation sites to be enclosed and locked. As a rule, applicants must include photographs of their intended cultivation facilities during registration. Upon approval, successful applicants will receive two registry identification cards. One of the cards must be on the door of the enclosed and locked cultivation space, while the other must always be with the cardholder.
The rules guiding cannabis home cultivation may change as Governor Kristi Noem recently signed new legislation, SB 24, into law. This law, set to take effect from July 1, 2022, increases the maximum number of cannabis plants cardholders can grow at home to four, including two flowering and two non-flowering plants.
Yes. Caregivers help patients with the cultivation, purchasing, and administering of medical marijuana. While adult patients may name caregivers, South Dakota requires minor patients to designate caregivers while enrolling in its medical marijuana program. According to SDCL 34-20G-1(10), a medical marijuana caregiver in South Dakota must be 21 years or older and not have a prior felony conviction that disqualifies them.
The DOH is not responsible for assigning caregivers to patients. Patients, or individuals responsible for patients' medical decisions, notify the DOH of their preferred caregivers through their evaluating healthcare practitioners. By default, the DOH makes the parents or legal guardians of minors their primary caregivers. However, if the reviewing physicians believe that minor patients require multiple caregivers, their parents can name other people to be caregivers as well. Adult patients may also have several caregivers if their assessing healthcare practitioners recommend this option. Patients can appoint healthcare or residential care facility personnel to be their primary caregivers on the premises after obtaining their consent.
In South Dakota, a primary caregiver can only care for up to five patients at a time. An exception is made for healthcare or residential care personnel. These individuals can care for more than five patients as long as these patients reside on their facilities' premises.
South Dakota does not have a medical marijuana reciprocity. Hence, no licensed medical marijuana dispensary in the state accepts out-of-state medical marijuana cards. Non-resident cannabis patients must submit proof of qualifying medical conditions to the state to enroll as non-resident patients before they can purchase medical cannabis at South Dakota-licensed marijuana dispensaries.
Medical marijuana records are private in South Dakota and protected from the public per the Health Insurance Portability and Accountability Act (HIPAA). It is only in certain circumstances that patients' medical cannabis records can be disclosed. This includes when specific information in patients’ medical marijuana records is required for law enforcement purposes. Additionally, an employer may request access to certain information in an employee’s medical cannabis records for some reason. For instance, when the information is needed for workplace-related medical surveillance as outlined in the HIPAA Privacy Rule.
No health insurance plan covers patients’ medical marijuana expenses in South Dakota.
A South Dakota medical marijuana card allows a registered cannabis patient to purchase up to 3 ounces of marijuana flowers or equivalent amounts of other cannabis forms within 14 days.
No, medical marijuana cards are required for medical cannabis purchases at South Dakota-licensed medical marijuana dispensaries.