Medical Cannabis in South Dakota

PETITION PROCESS TO RECOGNIZE DEBILITATING MEDICAL CONDITIONS

In accordance with South Dakota Codified Law 34-20G-26 and South Dakota Administrative Rule 44:90:13, any resident of South Dakota may petition the Department to add a serious medical condition or treatment to the list of debilitating medical conditions.

TO SUBMIT A PETITION

Click on the link below. The petition must include the following information:

  1. The name and address of the South Dakota resident filing the petition;

  2. A clear description of the specific medical condition, defined as narrowly as possible, including any International Classification of Diseases, Tenth Revision code applicable to the condition;

  3. The diagnostic criteria for determining whether cannabis is appropriate for a patient with the medical condition;

  4. A detailed summary, with citations, of peer-reviewed research that treatment with cannabis produces superior treatment outcomes or fewer side effects, compared to currently available medications or other interventions;

  5. Letters of support from two South Dakota practitioners as defined in SDCL 34-20G-1(20); and

  6. Complete copies of any research cited in the petition.

DEPARTMENT'S DECISION

The department’s written decision to approve or deny a petition shall be issued within 180 days of submission of the required documents and must include the factors supporting the decision, including whether the written petition, public testimony, written comments, peer-reviewed research, and consultation with practitioners support the following conclusions:

  1. The proposed medical condition is recognized by the medical profession as a serious and chronic medical condition;

  2. Treatments currently available for the proposed condition are either ineffective or produce harmful side effects; and

  3. Medical use of cannabis will provide therapeutic or palliative benefits that outweigh the risks of cannabis use. A qualifying medical condition shall be recognized through rules promulgated by the department pursuant to chapter 1-26.