How To Get a Medical Marijuana Card in South Dakota

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What is an MMJ Card in South Dakota?

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. In South Dakota, marijuana use needs to be recommended by a state-licensed physician in the form of written certification.

South Dakota’s medical cannabis program kicked off on July 1, 2021. The state began enrolling patients and caregivers in this program on November 8, 2021 as it licenses dispensaries to enable easy access to medical marijuana.

Who Can Apply for an MMJ Card in South Dakota?

South Dakota allows both residents and non-residents to apply for its medical marijuana card. It also issues MMJ cards to both adults and minors, as long as they have physician’s certification and have been diagnosed with one of the conditions eligible for medical cannabis use in the state.

Can a Minor Obtain a Medical Marijuana Card in South Dakota?

Yes. South Dakota issues medical marijuana cards to minors. In its Medical Cannabis Administrative Rules, the state refers to such individuals as age-restricted cardholders. To join the South Dakota medical cannabis program and receive an MMJ card, a minor must designated at least one caregiver. This individual should be a custodial parent or legal guardian. If the minor’s physician deems that multiple caregivers are required, the minor may name third parties as approved by their parent or legal guardian in their application.

What Conditions Qualify for Medical Marijuana Cards in South Dakota?

South Dakota’s medical cannabis law only recognises debilitating medical conditions as the sole qualifier for medical cannabis use. It defines a debilitating medical condition 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

Some debilitating medical conditions known to produce these outcomes include:

• Acquired immune deficiency syndrome (AIDS) and positive status for human immunodeficiency virus (HIV);
• Amyotrophic lateral sclerosis (ALS), aka Lou Gehrig’s disease;
• Multiple Sclerosis;
• Cancer associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting;
• Crohn’s disease;
• Epilepsy/Seizures;
• Glaucoma; and
• Post-Traumatic Stress Disorder (PTSD)

How Do I Apply for an MMJ Card in South Dakota in 2023?

The South Dakota Medical Cannabis Program only accepts applications submitted online via its dedicated registration portal. To join the state’s medical cannabis program and apply for a medical cannabis card, start by visiting your physician to get a certification indicating that you will benefit from the therapeutic or palliative use of medical cannabis. This physician must enroll in the South Dakota Medical Cannabis Program to provide patient certifications. Besides physicians, the state also recognizes medical certifications issued by physician assistants and advanced practice registered nurses as long as they are licensed in the state to prescribe drugs to humans. For non-residents, South Dakota accepts medical certifications issued by health professionals authorized to prescribe drugs to humans in their home states.

The recommending medical professional initiates patient registration in the South Dakota medical marijuana program. After gaining a medical certification, the patient will receive an email with instructions to create an account on the program’s registration portal and complete their application there. The state provides a useful guide for the patient application process.

While completing your application, you will be required to provide identifying details and upload necessary documents. After paying the registration fee and submitting, you will wait to hear from the Department of Health. The Department mails medical cannabis cards to successful applicants after approving their applications.

How Does a Primary Caregiver Get a South Dakota MMIC?

Like patients, caregivers have to register in the state’s medical marijuana program to receive their medical cannabis cards. If a patient names a caregiver in their application, the caregiver will receive an email prompting them to visit the program’s registration portal to complete their application. The caregiver application process is similar to the patient application process. The South Dakota Department of Health provides a helpful guide for the caregiver application process. After paying for their registration and submitting their application, the designated caregiver would wait for their application to be approved. Once approved, they would get a medical cannabis card in the mail.

How long does it take to get a South Dakota MMIC?

Application processing and verification of submitted information may take up to 15 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.

Getting a South Dakota Medical Marijuana Card Online

South Dakota only accepts online applications for its medical cannabis registration card. Patients and caregivers applying for the state’s MMJ card can start their applications on the registration portal provided as soon as they obtain medical certification for cannabis use from physicians enrolled in the state’s medical marijuana program.

How Much Does a Medical Marijuana Card Cost in South Dakota?

South Dakota charges $75 for its medical cannabis card. Low-income applicants may request reduced fees if they provide proof of their household income. The card is valid for one year and must be renewed annually for the same fee. Patients intending to cultivate their supply of cannabis (up to two flowering and two non-flowering plants) at home must pay an additional $20 fee for home cultivation registration.

How Do I Renew My Medical Marijuana Card?

To renew your South Dakota medical cannabis card, simply log into your account on the state’s medical marijuana program portal and choose the renewal option. After confirming your details and paying the card renewal fee, you may expect a new medical cannabis in the mail.

What Documents Do I Need to Apply for a Medical Cannabis Card in South Dakota?

The only documents required of patients or caregivers apply for medical cannabis cards in South Dakota are:

• A photocopy of a valid and current ID such as a driver’s license, passport, US government-issued ID card, tribal ID card, student ID card
• A passport-sized photo

Patients do not have to submit their medical certifications because those are submitted on the behalf in the registration portal by their certifying physicians.

Are My Details Kept Confidential When I Apply for a Medical Marijuana Card in South Dakota?

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.

What Information Appears On A South Dakota Medical Marijuana Card?

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.

Can Someone Track Me Down Through The South Dakota Registry?

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.