Medical Cannabis in South Dakota

Helpful Terminology

All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of cannabis absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis; (§22-42-1)

  • 3 ounces or less of cannabis
  • Department of Health to establish rules for the quantity of products - concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract. Includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures
  • If the cardholder has a registry identification card allowing cultivation, they are allowed three plants at a minimum or as prescribed by a physician
  • If the cardholder is allowed to cultivate, they are allowed any amount as long as it is produced from the cardholder's allowable plants and is possessed at the same property as the plants were cultivated. (§34-20G-1 (1))

A patient who has been diagnosed by a practitioner as having a debilitating medical condition or a designated caregiver who has been issued and possesses a valid registry identification card (§34-20G-l (6))

A physician who is licensed with the authority-to prescribe drugs to humans. (§34-20G-1 (20))

A chronic or debilitation disease or condition or its treatment that causes wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or any other medical condition as defined by the Department of Health. (§34-20G-1 (8))

Any entity registered with the department pursuant to this chapter that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders. (§34-20G- l (15))

A cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a dispensary. (§34-20G-l (16))

Non-resident cardholders fall under the provisions of the new laws if they have been diagnosed with a debilitating medical condition and were issued a registry card by another jurisdiction, have submitted any required documentation to the Department of Health, and have received confirmation of registration. (§34-20G-l (19))

A document issued by the Department of Health that identifies a person as a patient or designated caregiver. (§34-20G-1 (22))

  • Is at least 21 years old;
  • Has agreed to assist with a qualifying patient's medical use of cannabis;
  • Has not been convicted of a disqualifying felony; and
  • Assists no more than five qualifying patients, unless the patients reside in or are admitted to a health care or residential care facility where the caregiver is employed. (§34-20G- l (10))

A document dated and signed by a practitioner, stating that in the practitioner's professional opinion the patient is likely to receive benefit from the use of medical cannabis to treat or alleviate symptoms from a debilitating medical condition. (§34-20G-l (23))

Disclaimer: these materials are for general information purposes only and should not be construed as providing legal advice or opinions for a specific situation. The reader is encouraged to contact the attorney of their choice for any specific legal discussion and legal advice.