Any sale or purchase of medical cannabis must comply with SDCL 34-20G and ARSD 44:90. Any sale or purchase of cannabis outside of the regulated medical cannabis establishments is illegal.

Under the law passed by the voters, a condition that allows a patient to use medical cannabis must be a “debilitating medical condition,” which is defined by SDCL 34-20G-1 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”.

ARSD 44:90:02 establishes the requirements for applying for a medical cannabis card including:

• A photocopy of an unexpired form of identification (e.g., driver’s license, passport, US government-issued ID card, tribal ID card, student ID card);
• A passport-quality photo; and
• A $75 Low-income individuals (those with gross monthly household income <130% of the federal poverty level) can request a reduced fee by providing documentation of household income.

Applications for a medical cannabis card cannot be processed until the South Dakota Medical Cannabis Program receives the certification for medical cannabis use by the patient’s physician.

The South Dakota Medical Cannabis Program began accepting applications from qualifying patients on November 8, 2021.

Per SDCL 34-20G-1, physicians with authority to prescribe drugs to humans must provide a written  certification stating that, in their professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s debilitating condition or symptom associated with the debilitating condition. The document must affirm that it is made in the course of a bona fide practitioner-patient relationship and must also specify the qualifying  patient’s debilitating medical condition. An in-person assessment is required. Physician participation in the medical cannabis patient certification process is voluntary.

No, the South Dakota Medical Cannabis Program does not maintain a list of physicians who will provide a certification for medical cannabis use.

Yes, so long as the designated caregiver:

• Is at least twenty-one years of age;
• Has agreed to assist with a qualifying patient’s medical use of cannabis;
• Has not been convicted of a disqualifying felony offense; and
• Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver’s qualifying patients each reside in or are admitted to a health care facility or residential care facility where the designated caregiver is

The South Dakota Medical Cannabis Program is in the final stages of implementing a statewide patient registry, verification, and licensing system that will ensure that only verified patients and caregivers have access to medical cannabis. The patient verification system will also ensure that South Dakota law enforcement officials have the necessary tools to accurately identify medical cannabis patients/caregivers they may encounter.

Yes. The renewal fee for a medical cannabis registry identification card is required at the time of renewal with no exceptions.

Per 44:90:04:04, a photograph meeting all the following requirements:
(a)  A high-resolution color photo that is not blurry, grainy, pixelated, or digitally altered;
(b)  Uses a clear image of the individual’s face without filters;
(c)  Uses a plain white or off-white background;
(d)  Is two by two inches in size;
(e)  Is printed on matte or glossy photo quality paper; and
(f)  Is not damaged with holes, creases, or smudges;

Per SDCL 34-20G-1, a physician, physician assistant, or advanced practice registered nurse, who is licensed with authority to prescribe drugs to humans. In relation to a nonresident cardholder, the term means a person who is licensed with authority to prescribe drugs to humans in the state of the patient’s residence.

As part of the application process to obtain a registry identification card for the South Dakota Medical Cannabis Program, applicants may also apply to cultivate three cannabis plants in their home. An application to cultivate more than three plants simultaneously for a single patient’s use must be accompanied by a certification from the individual’s physician authorizing cultivation of an extended plant count.

Highway Patrol personnel will not, at the scene of a stop or interaction, arrest a South Dakota resident who is unable to present an unexpired medical cannabis card, as long each of the following apply:

• The individual possesses no more than three ounces of natural and unaltered marijuana, as defined by SDCL 22-42-1;
• The individual claims at the time of the interaction that the medical cannabis is to treat or alleviate a debilitating medical condition as defined by SDCL 34-20-1;
• The individual produces printed or electronic documentation relative to the debilitating medical condition from a licensed medical doctor.

Highway Patrol personnel will not arrest nonresident or tribal cardholders for possession of cannabis, nor will they seize the cannabis or any associated paraphernalia, if the following applies:

• The cardholder presents an unexpired medical cannabis card issued by another state; and
• He or she possesses no more than three ounces of natural and unaltered cannabis, as defined by SDCL 22-42-1.

South Dakota’s impaired driving laws still apply. An individual may not operate a motor vehicle under the influence of medical cannabis. Drivers are prohibited from smoking or consuming cannabis or cannabis concentrate. Passengers are also prohibited from smoking cannabis or cannabis concentrate.

The South Dakota Medical Cannabis Program cannot provide legal advice to qualifying patients as to the impact of medical cannabis use. Qualifying patients or others with legal questions should consult with their own legal counsel.

The South Dakota Medical Cannabis Program takes privacy and health information security seriously. The secure online registry system for patients, caregivers, physicians, and law enforcement will meet or exceed all state and federal standards for confidentiality, accessibility, and information security.