An Act to modify provisions related to the control of counties and municipalities over medical marijuana establishments within their jurisdictions.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 34-20G-56 be AMENDED:
34-20G-56.
If
a local government
the governing body of a county
has enacted a numerical limit on the number of medical cannabis
establishments in the
locality
county and a
greater number of applicants seek registration, the department shall
solicit and consider input from the
local government
county as to
its preference for registration.
If the governing body of a municipality has enacted a numerical limit on the number of medical cannabis establishments in the municipality, and a greater number of applicants seek registration, the department shall solicit and consider input from the municipality as to its preference for registration.
Section 2. That § 34-20G-58 be AMENDED:
34-20G-58.
A
local governmentThe
governing body of a municipality
may enact an ordinance not in conflict with this chapter,
governing the
regardless of whether it has enacted a zoning ordinance pursuant to
title 11, imposing:
(1) Restrictions
on a medical cannabis establishment to govern the
time, place, and
manner,
and number
of operation;
(2) A
limit on the number
of medical cannabis establishments in the
locality
municipality;
(3) Reasonable setback requirements;
(4) Limitations on the proximity of a medical cannabis establishment to:
(a) Any sensitive land-use area, including a childcare facility, park, public service facility, recreational facility, religious facility, school, and any location frequented by individuals under the age of twenty-one; or
(b) Any other medical cannabis establishment;
(5) Requirements for a medical cannabis establishment to obtain a local license, permit, or registration to operate; or
(6) Reasonable fees for any local license, permit, or registration.
The governing body of a county may enact an ordinance governing all matters set forth in this section. The county ordinance applies throughout its jurisdiction, except within the boundaries of a municipality that has enacted an ordinance in accordance with this section.
A
local government
county or municipality
may
establish
impose a civil
penalties
penalty for the
violation of an
ordinance
governing the time, place, and manner of a medical cannabis
establishment that may operate in the locality
enacted in accordance with this section.
Section 3. That § 34-20G-59 be AMENDED:
34-20G-59.
No
local government
county or municipality
may prohibit a dispensary, either expressly or through the enactment
of an ordinance that makes the operation of the dispensary
impracticable in the
jurisdiction
county or municipality.
Section 4. That § 34-20G-58.1 be REPEALED.
For purposes of this
chapter, any municipality that has not enacted a zoning ordinance
pursuant to title 11 governing the location of medical cannabis
establishments may enact an ordinance to regulate the place of
operation of any cannabis-related establishment under this section.
A municipality may
prohibit the location of a medical cannabis establishment in an area
in a sensitive land use area and may establish reasonable setbacks.
For purposes of this section, a sensitive land use area includes
churches, schools, day cares, public service and recreation
facilities, places frequented by people under age twenty-one, and
parks.
A municipality may
require a minimum distance between cannabis-related establishments.
Section 5. That § 34-20G-60 be REPEALED.
A
local government may require a medical cannabis establishment to
obtain a local license, permit, or registration to operate, and may
charge a reasonable fee for the local license, permit, or
registration.
Underscores indicate new language.
Overstrikes
indicate deleted language.