South Dakota Medical Marijuana Patient Information

What Conditions Can Medical Marijuana Be Used for in South Dakota?

South Dakota Association of Healthcare Organizations (SDAHO) proves several approved chronic debilitating medical conditions that may warrant medical marijuana use in South Dakota, which includes:

• Cachexia or wasting syndrome; this condition primarily causes weight loss in South Dakota patients. Cachexia is also associated with other debilitating medical conditions, including cancer and HIV/AIDS.

• Chronic pain; numerous studies indicate this condition is associated with reduced levels of endorphins in the spinal fluid, although other reasons could cause chronic pains. Both acupuncture and medical marijuana have been noted to treat this condition effectively.

• Severe nausea); this condition is mainly associated with vomiting. Although excessive marijuana consumption can induce nausea, numerous studies show that regulated medical marijuana use can effectively treat nausea.

• Seizures; unchecked or abnormal electrical surges cause this condition in the brain. There are mainly two types of focal seizures that only affect one part of the brain and generalized seizures that affect the entire brain.

• Severe and persistent muscle spasms; this is characterized by involuntary contractions and expansion of the muscles.

Other debilitating medical conditions not included in the list of debilitating medical conditions can be petitioned by South Dakota residents for its addition. These petitions are submitted to the South Dakota Department of Health (SD-DOH) for processing per South Dakota codified law 34-20G-26. It is important to note that the SD DOH would be responsible for setting up guidelines on petitions to add medical conditions to the list. Petitions may be subjected to judicial review, and denial or approval would be issued within 180 days after petitions are placed.

What does an MMJ Card Permit in South Dakota?

South Dakota medical marijuana laws would grant MMJ cardholders numerous privileges, some of which includes;

• Protection against state-level prosecution for possession and use of cannabis; Although a one-ounce possession and use limit is stipulated in the state's Constitutional Amendments A. MMJ cardholders would be allowed increased possession of not more than three ounces of cannabis.

• Legal cultivation of cannabis plants; MMJ cardholders would be allowed to grow not more than three marijuana plants, as recommended by a state-licensed physician.

• Medical marijuana access to minors(18 years or younger); provided these minors are diagnosed with any state-approved debilitating medical conditions that can be effectively treated with medical marijuana use. These minors would also need to be registered as South Dakota's medical marijuana patients. Minors are allowed access to marijuana through registered designated caregivers, usually their patients or legal guardian. These caregivers would be issued an MMJ card which grants them access to dispensaries in the state to purchase medical marijuana.

How long is a South Dakota medical marijuana card valid?

South Dakota's medical marijuana cards are expected to be valid for a maximum of one year. However, exceptions may exist when the practitioners issue a specific time frame on a patient's written certification per South Dakota codified law 32-20G-43.

Does South Dakota have Medical Marijuana Reciprocity?

No, presently, South Dakota is yet to implement its medical marijuana program. The state's status on medical marijuana reciprocity is still unknown. Medical marijuana reciprocity basically refers to whether a state has similar laws with other states that allow out-of-state medical marijuana (MMJ) card use in reciprocating states.

The decriminalization of marijuana in South Dakota allows adults 21 years or older to possess not more than an ounce of cannabis without an MMJ card. Adults are protected from prosecution by local law enforcement agencies. These decriminalization laws also apply to non-residents of South Dakota.

Is an MMIC Valid outside of South Dakota?

Yes. South Dakota-issued medical marijuana identification cards (MMIC) would be accepted in states with active medical marijuana reciprocity programs. Effective July 1, 2021, MMIC holders would be able to use their MMIC in the following states;

• Alaska
• Arizona
• Arkansas
• Colorado
• Hawaii
• Illinois
• Maine
• Massachusetts
• Michigan
• Nevada
• New Hampshire
• Oklahoma
• Oregon
• Rhode Island
• Washington

Does South Dakota Accept Medical Marijuana Cards issued by another State?

South Dakota is yet to implement its medical marijuana program; hence, there are presently no reciprocity laws currently running in South Dakota. The lack of reciprocity laws invalidates out-of-state cards in South Dakota.

Does a South Dakota MMIC Protect Me Under Federal Law?

No, Marihuana and its extracts are both still listed as Schedule I controlled substances under federal drug laws; as such, their possession and use are criminalized under these federal laws making South Dakota's MMIC void in federal cases. The contradictions between federal and South Dakota state laws may lead to confusion on what the standard for medical marijuana use is within the country. Some of these national standards set by federal laws include;

• Holding federal jobs or offices; testing positive for cannabis use can lead to denial or termination of individuals holding or applying for federal jobs.

• Restrictions to gun ownership; under federal laws, controlled substances users are not allowed to purchase or own any firearms. A South Dakota patient can be denied gun sale by licensed arms dealers if verified as a medical marijuana patient.