CHAPTER 44:90:02
REGISTRY IDENTIFICATION CARDS
Section
44:90:02:01 Practitioner’s written certification of debilitating medical condition.
44:90:02:02 Practitioner’s written certification -- Determination of caregivers.
44:90:02:02.01 Practitioner certification -- Recommendation for cultivation of cannabis -- Extended plant count, Repealed.
44:90:02:03 Practitioner not required to provide certification.
44:90:02:04 Patient registry identification card application requirements -- Initial application.
44:90:02:05 Patient designation of designated caregivers -- Age-restricted cardholders -- Person responsible for making medical decisions -- Residents of certain health care facilities.
44:90:02:06 Designated caregivers -- State-only background check -- Prohibition of remuneration.
44:90:02:07 Application to cultivate cannabis -- Patient designation of designated caregivers to cultivate cannabis.
44:90:02:08 Requirements for designated caregivers designated to cultivate cannabis.
44:90:02:09 Registry identification card -- Renewal.
44:90:02:10 Change of designation of designated caregivers.
44:90:02:11 Change of designation to cultivate.
44:90:02:12 Notice to no longer act as designated caregiver.
44:90:02:13 Death of a qualifying patient.
44:90:02:14 Nonresident registration -- Required documentation.
44:90:02:15 Nonresident registration -- Registry identification number.
44:90:02:16 Allowable quantity of cannabis products.
44:90:02:16.01 Limits on inhalable cannabis products.
44:90:02:17 Fees for registry identification cards.
44:90:02:01. Practitioner’s written certification of debilitating medical condition. Only a practitioner as defined by SDCL 34-20G-1 may issue a written certification to a resident of South Dakota. A practitioner’s written certification shall be submitted to the department and must be on a form supplied by the department. The certification must include:
(1) The practitioner’s name and address;
(2) The practitioner’s South Dakota license and National Practitioner Identification numbers, if applicable;
(3) Certification that the practitioner has assessed the patient's medical history and current medical condition, including an in-person physical examination;
(4) The date on which the physical examination was conducted;
(5) Certification that the patient has a debilitating medical condition, as defined by SDCL 34-20G-1(8), specifying the International Classification of Diseases, Tenth Revision code;
(6) Certification that the practitioner and patient, or the patient’s parents or legal guardian, have discussed treatment options for the patient’s debilitating medical condition;
(7) Certification that the practitioner is available for further consultation and follow-up care with the patient or the patient’s parents or legal guardian to monitor the medical use of cannabis;
(8) The date of expiration, not to exceed one year;
(9) The number of designated caregivers, if more than one, that the patient’s age or medical condition necessitates; and
(10) Certification that a bona fide practitioner-patient relationship exists.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-1(2), 34-20G-1(26), 34-20G-29.
Reference: National Center for Health Statistics. (2021). International Classification of Diseases, 10th Revision, Clinical Modification. https://icd10cmtool.cdc.gov/.
44:90:02:02. Practitioner’s written certification -- Determination of caregivers. For patients under the age of 18, a practitioner shall consult with the patient’s parents or legal guardians to determine how many designated caregivers are needed to manage the acquisition, dosage, and frequency of use. The practitioner shall include the number of designated caregivers on the written certification.
For patients 18 years of age or older, if the practitioner believes the patient’s age or medical condition necessitates the appointment of more than one designated caregiver, the practitioner shall include the number of designated caregivers on the written certification.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-29, 34-20G-33.
44:90:02:02.01. Practitioner certification -- Recommendation for cultivation of cannabis -- Extended plant count. Repealed.
Source: 48 SDR 54, effective November 15, 2021; 49 SDR 9, effective August 8, 2022.
44:90:02:03. Practitioner not required to provide certification. Nothing in this chapter requires a practitioner to certify a patient for medical cannabis use.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-5, 34-20G-29.
44:90:02:04. Patient registry identification card application requirements -- Initial application. To apply for a patient registry identification card, a South Dakota resident with a debilitating medical condition, or the person responsible for making medical decisions for that person, shall submit to the department:
(1) A completed application on a form supplied by the department that must contain all information required by SDCL 34-20G-29 and 34-20G-33;
(2) A photocopy of an unexpired form of identification acceptable for voter identification pursuant to SDCL 12-18-6.1;
(3) 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;
(4) If a low-income resident, documentation of household income, including:
(a) If employed, the resident’s wage stubs or earning statements for the past 30 days;
(b) If self-employed, the resident’s most recent federal income tax return and self-employment ledgers;
(c) Proof of all other income of the resident, including Social Security, Supplemental Security Income, workers’ compensation, unemployment benefits, Bureau of Indian Affairs general assistance, child support, rental income, veterans’ benefits, pensions, and interest income, for the previous 12 months; and
(d) The most recent financial statement from any of the resident’s checking accounts, savings accounts, certificates of deposit, credit union account, retirement account, stock, bond, or dividend; and
(5) The required fee, pursuant to § 44:90:02:17.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4)(10)(c).
Law Implemented: SDCL 34-20G-29, 34-20G-72(4)(10)(c).
44:90:02:05. Patient designation of designated caregivers -- Age-restricted cardholders -- Person responsible for making medical decisions -- Residents of certain health care facilities. A qualifying patient may designate an eligible individual as a designated caregiver by submitting to the department:
(1) A completed designation on a form supplied by the department;
(2) The designated caregiver’s sworn statement that the designated caregiver has not been convicted of a disqualifying felony offense; and
(3) Any additional fees pursuant to § 44:90:02:17.
An age-restricted cardholder shall designate at least one designated caregiver. If a practitioner has recommended that a patient younger than 18 years of age have multiple designated caregivers, the parents or legal guardians may designate other designated caregivers as advised by the practitioner.
The person responsible for making medical decisions for a qualifying patient 18 years of age or older, if qualified pursuant to SDCL 34-20G-1(10), shall be the designated caregiver to the qualifying patient. If the practitioner has recommended that the patient have multiple designated caregivers, the person responsible for making medical decisions may designate other designated caregivers as advised by the practitioner.
The designation of an employee of a health care facility, as defined in SDCL 34-12-1.1; an accredited prevention or treatment facility, as defined in SDCL 34-20A-2; a mental health center, as defined in SDCL 27A-1-1; a child welfare agency, as defined in SDCL 26-6-1; or a community support provider or community services provider, as defined in SDCL 27B-1-17; to act as a designated caregiver on the premises of the facility requires the signature of the facility director or designee.
The designation of a designated caregiver expires on the same date as the qualifying patient’s registry identification card.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-1(10), 34-20G-2(2), 34-20G-29, 34-20G-30, 34-20G-32, 34-20G-33, 34-20G-35.
44:90:02:06. Designated caregivers -- State-only background check -- Prohibition of remuneration. Each person designated as a designated caregiver to one or more qualifying patients shall submit to the Division of Criminal Investigation once every two years:
(1) A photocopy of an unexpired form of identification acceptable for voter identification pursuant to SDCL 12-18-6.1;
(2) A Division of Criminal Investigation fingerprint card processed by a local law enforcement agency; and
(3) An authorization and release form releasing the results of a state-only background check to the department, and payment of any fee charged by the Division of Criminal Investigation.
A designated caregiver shall submit to the department a photograph meeting the requirements of § 44:90:02:04(3) once every five years. A designated caregiver shall acknowledge in writing to the department the prohibition of remuneration other than direct costs incurred for assisting with the registered qualifying patient's medical use of cannabis, pursuant to SDCL 34-20G-2(2).
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-1(10), 34-20G-2(2), 34-20G-29, 34-20G-30, 34-20G-32, 34-20G-33.
44:90:02:07. Application to cultivate cannabis -- Patient designation of designated caregivers to cultivate cannabis. A patient, or the patient’s designated caregiver applying to cultivate cannabis, shall submit to the department:
(1) A diagram and photographs of the enclosed, locked facility in which the cannabis will be cultivated; and
(2) The fee required by § 44:90:02:17.
An age-restricted cardholder may not cultivate cannabis but may, unless a nonresident, designate a designated caregiver to cultivate cannabis on the patient’s behalf.
Upon approval of the application, the department shall issue a two-part registry identification card to the patient or designated caregiver designated to cultivate cannabis. One part of the registry identification card must be posted on the door of the enclosed, locked facility in which the cannabis is cultivated and the other part of the registry identification card must be carried by the patient or designated caregiver. If more than one person is authorized to cultivate cannabis on behalf of a qualifying patient, each person shall receive a two-part identification card and shall post and carry the appropriate parts.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-1(1)(c), 34-20G-72(4), 34-20G-72(5).
Law Implemented: SDCL 34-20G-1(1)(13), 34-20G-29, 34-20G-95.
44:90:02:08. Requirements for designated caregivers designated to cultivate cannabis. Only one person may cultivate cannabis on behalf of a patient, except that:
(1) A qualifying patient may share the designation with a designated caregiver who resides in the same dwelling; and
(2) Two parents or legal guardians of an age-restricted cardholder who reside in the same dwelling may share the designation.
The entirety of a patient’s cannabis must be cultivated in a single enclosed, locked facility.
Two or more designated caregivers may not form a collective. Two or more designated caregivers may not cultivate cannabis in a single-unit building or in a unit of a multi-unit building, unless expressly permitted by SDCL chapter 34-20G.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-1(13), 34-20G-29.
44:90:02:09. Registry identification card -- Renewal. A qualifying patient, or the qualifying patient’s parents or legal guardian, shall submit a renewal application, with the required fee pursuant to § 44:90:02:17, up to 45 days prior to the expiration of the patient’s registry identification card on a form supplied by the department. A qualifying patient may remove, add, or substitute designated caregivers at the time of renewal on a form supplied by the department.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-29.
44:90:02:10. Change of designation of designated caregivers. A qualifying patient or the qualifying patient’s parent or legal guardian may remove, add, or substitute designated caregivers at any time.
If the change results in the addition or substitution of a designated caregiver, the qualifying patient shall submit a form pursuant to § 44:90:02:04.
If the change results in the removal of one or more designated caregivers, the patient shall notify each removed designated caregiver in writing and shall certify to the department that notice has been given. The removed designated caregiver shall have 15 days to return the registry identification card associated with that patient.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-46.
44:90:02:11. Change of designation to cultivate. A qualifying patient or the qualifying patient’s parent or legal guardian may remove, add, or substitute a designation to cultivate at any time.
If the change results in the addition or substitution of an individual to cultivate medical cannabis for the patient, the qualifying patient, or the qualifying patient’s parent or legal guardian, shall submit an application pursuant to § 44:90:02:07.
If the change results in the removal of a designated caregiver to cultivate cannabis on the patient’s behalf, the patient, or the patient’s parent or legal guardian, shall notify the current designated caregiver in writing and shall certify to the department that notice has been given. The designated caregiver shall, within 15 days, return the registry identification card and destroy any cannabis plants and any cannabis and cannabis products that were produced from the allowable plants.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-46.
44:90:02:12. Notice to no longer act as designated caregiver. A designated caregiver shall provide written notice to the patient or the patient’s parents or legal guardians and shall notify the department on a form supplied by the department if the designated caregiver no longer wishes to act as the patient’s designated caregiver. The designated caregiver shall return the registry identification card associated with the patient immediately upon submitting such notice and, if applicable, shall destroy any cannabis plants and any cannabis and cannabis products that were produced from the allowable plants.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-46.
44:90:02:13. Death of qualifying patient. Upon giving notice of a patient’s death pursuant to SDCL 34-20G-46(2), a designated caregiver shall, within 15 days, return the registry identification card associated with the patient to the department and, if applicable, shall destroy any cannabis plants and any cannabis and cannabis products that were produced from the allowable plants.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-46.
44:90:02:14. Nonresident registration -- Required documentation. The department shall accept any of the following as sufficient documentation of a nonresident’s debilitating medical condition:
(1) Practitioner certification issued in the person’s jurisdiction of residence and listing a debilitating medical condition consistent with SDCL 34-20G-1 or rules promulgated by the department;
(2) Practitioner certification issued in the person’s jurisdiction of residence, along with additional medical records indicating a debilitating medical condition recognized by the department pursuant to SDCL 34-20G-1 or rules promulgated by the department; or
(3) Practitioner certification on a form supplied by the department.
Prior to issuing a nonresident registration, the department shall determine whether the applicant’s registry identification card or its equivalent allows the use of cannabis, as defined in SDCL 34-20G-1(1) and 34-20G-1(14), in the jurisdiction of issuance.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(8).
Law Implemented: SDCL 34-20G-1(19), 34-20G-72(8).
44:90:02:15. Nonresident registration -- Registry identification number. The department shall issue to a nonresident cardholder who has met all registration requirements a nonrenewable ten-digit registry identification number, which expires on the earliest of:
(1) One year from the date of issuance of the registry identification number;
(2) The expiration date of the nonresident’s proof of authorization issued by the jurisdiction where the nonresident cardholder resides; or
(3) Any earlier expiration date specified by the practitioner’s statement.
The registry identification number is valid at no more than two dispensaries, which must be designated by the nonresident cardholder at the time of registration.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(8).
Law Implemented: SDCL 34-20G-1(19), 34-20G-72(8).
44:90:02:16. Allowable quantity of cannabis products. Under SDCL subsection 34-20G-1(1)(b), cardholders and nonresident cardholders may possess cannabis products if the equivalent cannabis weight of the products, plus the weight of cannabis flower and trim possessed by the cardholder, does not exceed three ounces pursuant to SDCL subsection 34-20G-1(1)(a). The amount possessed by the cardholder does not apply to drugs approved by the Food and Drug Administration. The equivalent cannabis weight of cannabis products is:
Type of cannabis | Amount equivalent to one ounce of cannabis |
Concentrated cannabis in smokable form | 8 grams (net weight) |
Vaporizer product | 8 grams (net weight) |
Cannabis oil or tincture in oral dosage syringe or capsule form | 15 grams (net weight) |
Edibles, excluding oils | 2,000 milligrams tetrahydrocannabinol |
Topical ointment, cream, or lotion | 12 fluid ounces |
Topical dried plant material or powder | 16 ounces |
Transdermal patch | 800 milligrams tetrahydrocannabinol |
Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-20G-72(8).
Law Implemented: SDCL 34-20G-1(1)(b), 34-20G-2, 34-20G-3.
44:90:02:16.01. Limits on inhalable cannabis products. Except as permitted by SDCL 34-20G-1(1)(d), no cardholder under 21 years of age may possess inhalable cannabis products.
Source: 48 SDR 54, effective November 15, 2021.
General Authority: SDCL 34-20G-72(9).
Law Implemented: SDCL 34-20G-1(1)(b), 34-20G-2, 34-20G-3.
44:90:02:17. Fees for registry identification cards.
(1) The base fee for initial application and yearly renewal of a patient registry identification card for a resident of South Dakota is:
(a) For a low-income qualifying patient, $20; and
(b) For all other applicants, $75.
(2) Qualifying patients shall submit an additional $20 fee for the issuance of any designated caregiver registry identification card, except for the designation of a designated caregiver at the time of the initial or renewal application.
(3) An additional $20 fee is required for the printing of a two-part registry identification card for patients designated to cultivate cannabis or designate a designated caregiver to cultivate cannabis.
(4) Nonresidents shall submit a $75 fee with a registration application.
All fees imposed under this section shall be nonrefundable.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(10).
Law Implemented: SDCL 34-20G-29, 34-20G-72(10).
