South Dakota Medical Cannabis Program

What is the South Dakota Medical Cannabis Program?

The South Dakota medical cannabis program is the state's plan to improve the quality of life for patients suffering from qualifying medical conditions while maintaining stringent regulations to ensure patient safety and prevent misuse. The South Dakota medical cannabis program was created after the approval of Measure 26, a voter-approved amendment to the state's constitution, in November 2020. Under the program, registered patients can grow up to 2 flowering cannabis plants and 2 immature cannabis plants and possess up to 3 ounces of cannabis if registered in the South Dakota medical cannabis registry and possess active South Dakota medical cannabis registry ID cards. The state's Department of Health oversees the South Dakota medical cannabis program.

How Old to Join the South Dakota Medical Cannabis Program?

Patients aged 18 or older can apply to join the South Dakota medical cannabis program. However, younger patients may still participate in the program if they have qualifying conditions and can find a caregiver to assume the responsibility for their care. Note that per SDCL 34-20G-33, the South Dakota Department of Health may not issue a registry identification card to a qualifying patient younger than 18 unless the custodial parent or approved guardian with responsibility for making health care decisions for the qualifying patient consents in writing to permit the use of cannabis.

Approved caregivers can visit dispensaries to obtain medical cannabis for minor patients. Once the patient turns 18, they can register with the South Dakota medical cannabis program to get active registry ID cards without requiring parental consent.

South Dakota Medical Cannabis Program Qualifying Conditions

Patients with the following conditions in South Dakota can obtain medical cannabis certifications:

• Cancer or its treatment, if associated with chronic or severe pain, nausea or severe vomiting, or cachexia
• Post-Traumatic Stress Disorder (PTSD)
• Epilepsy and seizures
• Crohn's disease
• Multiple Sclerosis
• Amyotrophic lateral sclerosis
• AIDS or positive status for HIV
• A debilitating or chronic disease or condition or its treatment producing:
• Cachexia or wasting syndrome
• Severe, debilitating pain
• Severe nausea, except nausea associated with pregnancy
• Seizures
• Severe and persistent muscle spasms

What Practitioners are Eligible to Recommend the Use of Medical Cannabis?

Only healthcare practitioners in the following categories can recommend medical cannabis use in South Dakota:

• Physicians
• Physician Assistants
• Advanced Practice Registered Nurses (APRNs)

Must a Practitioner Obtain a License Before Issuing a Medical Card Recommendation?

According to SDCL 34-20G-1, practitioners must be licensed with the authority to prescribe drugs to humans before issuing a medical cannabis recommendation to patients.

Do Physicians Need to Manage Patients Before Recommending Them for the South Dakota Medical Cannabis Program?

Yes. A bona fide physician-patient relationship must exist between the practitioner and patient before a medical cannabis recommendation may be valid. The patient must be under the practitioner's care for the debilitating medical condition that qualifies the patient for medical cannabis use or has been referred by the healthcare practitioner caring for the patient's debilitating medical condition that qualifies the patient for medical cannabis use to another practitioner.

Do Physicians Have to Join the South Dakota Medical Cannabis Program to Recommend Medical Marijuana to Patients?

Yes, healthcare practitioners are required to enroll in the South Dakota medical cannabis program before issuing medical cannabis recommendations to patients.

Can a South Dakota Medical Cannabis Program Practitioner Use Telemedicine for Patient Assessment?

South Dakota law requires patient assessment to be concluded during an in-person, physical examination and not over the telephone or via video conference.

How to Find South Dakota Medical Cannabis Program Doctors

The state's medical cannabis program does not maintain a list of practitioners providing medical marijuana certifications. Patients may speak with their primary healthcare providers to see if they are enrolled in the medical cannabis program or ask them for recommendations.

How to Apply for the South Dakota Medical Cannabis Program

The first step in joining the South Dakota medical cannabis program is to arrange an appointment with a physician authorized to issue medical cannabis certifications. The physician will decide whether you would benefit from the use of medical cannabis in the treatment of your qualifying condition. If you are determined to be eligible for medical cannabis, you will be issued a certification through the online medical cannabis portal.

After, you will receive an email to create an account and complete an application on the medical cannabis portal. You will need a valid state-issued driver's license, US passport, or a tribal ID card and a passport-style photograph to complete the application. Once complete, you must wait for the Department of Health's approval. Note that some applications, including those by minor patients, require caregivers to be registered. Caregivers will get an email to create an account on the medical cannabis portal. Once complete, the caregiver must wait for DOH approval. Once you get DOH’s approval, a medical cannabis card will be mailed to your address. The cardholder may then purchase cannabis from a state-licensed dispensary.

Note that medical cannabis certification is not a prescription, and you cannot start the medical cannabis application process until your physician issues a certification, which will automatically create your patient account on the South Dakota medical cannabis portal. For more information on joining the South Dakota medical cannabis registry, see the step-by-step application guide or contact:

South Dakota Department of Health 600 East Capitol Avenue Pierre, SD 57501-2536 Phone: (605) 773-3361 Email: DOH.info@state.sd.us