CHAPTER 44:90:08
CANNABIS DISPENSARIES
Section
44:90:08:01 Preventing unauthorized access -- Age verification.
44:90:08:02 Preventing unauthorized access -- Age verification -- Website or mobile application.
44:90:08:03 Preventing unauthorized sales -- Training requirements.
44:90:08:04 Sale of cannabis and cannabis products.
44:90:08:01. Preventing unauthorized access -- Age verification. No dispensary may allow entry into areas containing cannabis without first identifying an individual as a cardholder or other person authorized pursuant to § 44:90:04:14. No dispensary may allow entry to an age-restricted cardholder. Acceptable methods of controlling access include:
(1) Verification at an external cashier window or ticket window, followed by unlocking an exterior door to admit the individual into the building;
(2) Verification at a cashier window or ticket window located in an entryway with a locked interior door that prevents access to any area containing cannabis, followed by unlocking the interior door; and
(3) Verification by an agent outside a locked exterior or interior door, followed by unlocking the door.
Verification may not take place in any area in which a person may access cannabis without passing through a lockable door.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(c), 34-20G-75.
Law Implemented: SDCL 34-20G-64, 34-20G-72(5), 34-20G-95.
44:90:08:02. Preventing unauthorized access -- Age verification -- Website or mobile application. Any website or mobile application developed or hosted by an establishment must:
(1) Include verification that the visitor is a cardholder or nonresident cardholder, except an age-restricted cardholder, or is 21 years of age or older;
(2) Require the cardholder’s or nonresident cardholder’s registry identification number for verification of any online purchases; and
(3) Limit online sales to cardholders and nonresident cardholders who previously have made a purchase of cannabis or cannabis products at the establishment.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(c).
Law Implemented: SDCL 34-20G-64, 34-20G-72(5), 34-20G-95.
44:90:08:03. Preventing unauthorized sales -- Training requirements. Before interacting with any cardholder, any employee of a dispensary shall be trained to:
(1) Determine the authenticity of registry identification cards;
(2) Verify that the person presenting a registry identification card is the authorized cardholder with a valid photographic identification document;
(3) Use the verification system by phone, point-of-sale software, and mobile application;
(4) Track the amount of cannabis dispensed for a patient’s use and consolidate the amounts in sales to the patient and the patient’s designated caregiver; and
(5) Verify that the dispensary has been designated to make sales to the patient or the patient’s designated caregiver.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(g).
Law Implemented: SDCL 34-20G-70, 34-20G-71, 34-20G-72(5).
44:90:08:04. Sales of cannabis and cannabis products. No cannabis or cannabis product sale may take place at any location other than at a certified medical cannabis dispensary. All sales must take place at a certified medical cannabis dispensary in clear view of security cameras.
Source: 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-20G-72(4)(j).
Law Implemented: SDCL 34-20G-72.
