In South Dakota, a medical marijuana (MMJ) card is a form of identification given to registered patients or designated caregivers. These cards allow its holder to buy, possess, and use medical marijuana legally. Marijuana use would need to be recommended by a state-licensed physician in the form of written certification. Although there have been several delays in its implementation, South Dakota's medical marijuana laws will be enacted on July 1, 2021. Given there was a 70% vote for its implementation by South Dakotans in the 2020 ballot initiative. The state medical marijuana laws enactment would grant MMJ cardholders numerous privileges par South Dakota codified law 35-20G-2. These privileges include protections against arrest, prosecution, or penalties of any kind, for cannabis possession, growth, and use.
Note that there are limitations to the amount of marijuana South Dakota MMJ cardholders can possess or grow. The Constitutional Amendment A legalized possession and use of not more than an ounce of cannabis by adults 21years or older within the state. This amendment was enacted on November 3, 2020.
All residents are eligible and can apply for an MMJ card in South Dakota, provided they can attest to their residency in the state and are 18 years or older. Patients would also need to be diagnosed with one or more debilitating medical conditions and issued a written recommendation for medical marijuana use. These recommendations are strictly issued by a state-licensed physician and are required to apply for an MMJ card. Even with all this information available, MMJ card applications can still be subject to denial per South Dakota codified law 34-20G-34 if;
No, minors(under 18 years) can't directly obtain an MMJ card in South Dakota but can register a competent adult 21 years or older to act as their designated caregiver. These caregivers can help their designated minors in administering and purchasing medical marijuana from dispensaries within the state.
South Dakota Association of Healthcare Organizations (SDAHO) proves a list of qualified chronic debilitating medical conditions presently allowed under South Dakota laws for medical marijuana use. These include treatments that produce any of the following or it these conditions;
The South Dakota Department of Health may add other debilitating medical conditions. State residents can petition the department to include other debilitating medical conditions in accordance with SD codified law 34-20G-26. These petitions may be subjected to judicial review, and approval or denial would be issued within 180days. It is important to note that the South Dakota Department of Health would be responsible for setting up rules for petitions and the petition processes.
Methods for medical marijuana (MMJ) card applications are yet to be implemented in South Dakota. Although, the South Dakota Department of Health would most likely issue these methods on or before November 18, 2021.
Medical marijuana identification cards (MMIC) and medical marijuana cards (MMJ) are used interchangeably. These acronyms mean forms of identification issued to qualifying medical marijuana patients and primary caregivers. Per South Dakota codified law 34-20G-41, a 25-day wait is required after MMJ card applications are made available to qualifying patients on November 18, 2021. After which, a competent adult can apply to be designated as a minor's caregiver. To register caregiver would need the following;
Their minor's written certification for medical marijuana use issued by a state-licensed physician.
A signed affidavit attesting to the adult's significance in managing the qualifying patient's well-being.
It is important to note that state residents convicted of felony offenses can be denied when applying for a primary caregiver MMIC. Per Rhode Island, medical marijuana laws caregivers can assist a maximum of five registered patients.
Application processing and verification of submitted information would take fifteen days. After getting approved. applicants can expect to get their medical marijuana identification cards (MMIC) within five days as stipulated in South Dakota codified law 34-20G-41.
A South Dakota government-run online avenue for submission and processing of medical marijuana card applications is still unavailable. Although, several third-party sites currently provide programs that help connect state-licensed physicians to state residents for consultation and medical marijuana recommendation.
A South Dakota medical marijuana card cost is presently unknown due to the lack of infrastructure for processing medical marijuana card applications. State residents and non-residents can expect an official medical marijuana card cost on or before November 18, 2021, when medical marijuana card registration commences.
South Dakota licensed physician consultation fees are not fixed. The physicians themselves independently determine the fees.
Means for a medical marijuana card renewal in South Dakota are yet to be implemented due to the state's lack of an active medical marijuana program.
The following would be needed for a medical cannabis card registration in South Dakota per SD codified law 34-20G-42;
A written medical marijuana recommendation from a state-licensed physician is issued no later than ninety days preceding the date of application submission.
Required application fees.
The address, date of birth, and name of applicants, address, address omission are allowed in a homeless applicant's application.
The address, name, and phone number of the state-licensed physician that issued the written medical marijuana recommendation.
The address, name, and phone number of the qualifying patient caregiver or an adult they wish to register.
Documentation expressing the need for multiple caregivers, for cases where a medical marijuana patient is designated more than a single caregiver.
A recommendation as to whether a medical marijuana patient or their caregiver would be allowed to cultivate marijuana for medical use, usually issued by state-licensed physicians.
Not more than two names of dispensaries designated by the qualifying medical marijuana patient.
Yes, all personal information collected from qualifying patients, designated caregivers, practitioners, and medical marijuana facilities during registration are classified as private data as stipulated in South Dakota codified law 34-20G-86. Similarly, the Health Insurance Portability and Accountability Act of 1996(HIPAA), restricts sensitive information of patients' health from being disclosed without the patient's consent. A federal law, the HIPAA sets the national standard of sensitive health care information protection. Violation of HIPAA through leaks of patients' healthcare information by "covered entries," including dispensaries, could result in fines of up to $50,000 per patient information leaked.
In South Dakota, patients information that would be incorporated on the state medical marijuana card as specified in SD codified law 34-20G-42 includes:
Cardholder's full legal name.
An identifier stating if the cardholder is a designated caregiver or medical marijuana patient.
Expiration and issuance date of the medical cannabis card.
A 10-digit unique alphanumeric identification number, note that caregivers' cards carry the identification number of their qualifying patient.
The cardholder's photograph.
Means of card verification, which could be a phone number or website address where a South Dakota medical marijuana card can be verified.
An indicator as to whether the cardholder is registered to cultivate marijuana.
Essentially, medical marijuana patients and their designated caregivers can not be tracked through South Dakota medical marijuana registries. The HIPAA and South Dakota codified law 34-20G-87 protects medical marijuana patients' rights to confidential health care information. South Dakota codified law 34-20G-91 pushes it a step further by demanding that hard drives used by South Dakota registries containing cardholders' information be destroyed if no longer in use. Although third-party access to the registration status of medical marijuana patients and designated caregivers are allowed per South Dakota codified law 34-20G-90.