CHAPTER 34-20G
MEDICAL CANNABIS
34-20G-1 Definitions.
34-20G-2 Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-3 Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-4 Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable.
34-20G-5 Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-5.1 Certification not authorized.
34-20G-5.2 Certification--Notification to primary or referring practitioner.
34-20G-6 Licensed professionals not subject to discipline for certain conduct.
34-20G-7 Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-8 Repealed.
34-20G-9 Repealed.
34-20G-10 Repealed.
34-20G-11 Repealed.
34-20G-12 Sale or donation of cannabis seeds to cultivation facility.
34-20G-13 Seizure or forfeiture of cannabis or related property.
34-20G-14 Possession of or application for registry identification card not grounds for search.
34-20G-15 Activity conducted in accordance with chapter lawful.
34-20G-16 Repealed.
34-20G-17 Contracts enforceable.
34-20G-18 Unauthorized conduct.
34-20G-19 Schools and landlords--Prohibited conduct.
34-20G-20 Qualifying patient not disqualified from medical care for cannabis use.
34-20G-21 Custody and visitation rights--Child neglect or endangerment.
34-20G-22 Employment and drug testing--Adverse action not prohibited for safety-sensitive position.
34-20G-23 Conflict with employer's obligations or benefits under federal law.
34-20G-24 Cannabis at workplace--Drug-free policy permitted--Safe harbor.
34-20G-25 Schools, landlords, and employers not to be penalized.
34-20G-25.1 Healthcare and accredited prevention or treatment facilities.
34-20G-26 Repealed.
34-20G-27 Cost reimbursement, permission to smoke or vape cannabis on property, permission to cultivate on rental property, permission to allow conduct related to medical cannabis in public buildings not required.
34-20G-28 Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted.
34-20G-28.1 Required notice--Federal firearms law.
34-20G-29 Information required for issuance of registry identification cards--Fee--Fee waiver for follow-up assessment.
34-20G-30 Submission of information by person responsible for medical decisions for qualifying patient.
34-20G-31 Department verification of information--Issuance of registry identification card--Verification system.
34-20G-32 Background check of designated caregiver.
34-20G-33 Issuance of registry identification card to patient under age 18--Conditions.
34-20G-34 Grounds for denial or nonrenewal of qualifying patient registry identification card.
34-20G-35 Grounds for denial of application or nonrenewal of designated caregiver.
34-20G-36 Notice--Denial or revocation.
34-20G-37 Judicial review of application denial or nonrenewal.
34-20G-38 Repealed.
34-20G-39 Repealed.
34-20G-40 Repealed.
34-20G-41 Repealed.
34-20G-42 Contents of registry identification cards.
34-20G-43 Expiration of registry identification card.
34-20G-44 Confidential list--Personal information.
34-20G-45 Secure phone or web-based verification system.
34-20G-46 Required notifications to department.
34-20G-47 Notifications by designated caregiver.
34-20G-48 Issuance of new registry identification card following required notification to department.
34-20G-49 End of debilitating condition--Registry card voided--Disposal of cannabis.
34-20G-50 Theft or loss of cannabis--Notice to department.
34-20G-51 Medical purpose defense.
34-20G-52 Proof of unavailability of defense to prosecution.
34-20G-53 Registry identification card not required to raise defense.
34-20G-54 Person using cannabis for medical purpose not subject to discipline or forfeiture.
34-20G-55 Application for medical cannabis establishment--Contents and conditions--Time for registration.
34-20G-56 County and municipality limitation on number of medical cannabis establishments.
34-20G-57 Medical cannabis establishment registration--Renewal.
34-20G-58 Local ordinances on medical cannabis establishments--Jurisdiction--Civil penalty.
34-20G-58.1 Repealed.
34-20G-59 Local government prohibition of dispensaries not permitted.
34-20G-60 Repealed.
34-20G-61 Criminal background check of medical cannabis establishment officers, employees, and volunteers.
34-20G-62 Employment restrictions on medical cannabis establishments.
34-20G-63 Medical cannabis establishment procedures for oversight and record keeping.
34-20G-64 Medical cannabis establishment security measures.
34-20G-65 Cultivation, harvesting, manufacturing, and packaging of cannabis.
34-20G-65.1 Test samples of cannabis or cannabis products.
34-20G-66 Production of cannabis products.
34-20G-67 Sharing office space and patient referrals to practitioners prohibited.
34-20G-68 Consumption of cannabis on medical cannabis establishment property prohibited.
34-20G-69 Inspection of medical cannabis establishments.
34-20G-70 Cannabis dispensed--Conditions.
34-20G-71 Cannabis dispensed--Confidential record.
34-20G-72 Promulgation of rules--Violation of required or prohibited action as misdemeanor.
34-20G-73 Civil penalty for failure to provide required notice.
34-20G-74 Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification.
34-20G-75 Intentional cannabis sale or transfer by cardholder to unauthorized person as felony.
34-20G-76 False statement to law enforcement official about medical use of cannabis as misdemeanor.
34-20G-77 Knowing submission of false records or documents to certify medical cannabis establishment as felony.
34-20G-78 Certain conduct of practitioner--Misdemeanor.
34-20G-78.1 Certain conduct of entity--Misdemeanor.
34-20G-78.2 Financial relationship with clinic--Referral prohibited--Exceptions--Penalty.
34-20G-79 Breach of confidentiality of information as misdemeanor.
34-20G-80 Medical cannabis establishment registration--Probation, fine, suspension, or revocation.
34-20G-81 Notice of probation, fine, suspension, or revocation.
34-20G-82 Permitted and prohibited conduct during suspension.
34-20G-83 Revocation of registry identification card for cannabis sale to unauthorized person--Disqualification.
34-20G-84 Revocation of registry identification card for multiple or serious violations.
34-20G-85 Judicial review of revocation.
34-20G-86 Confidential data.
34-20G-87 Data maintained by department--Limited use--Exception.
34-20G-88 Data maintained by department--Grounds for disclosure.
34-20G-88.1 Reporting--Prescription drug monitoring program.
34-20G-89 Cardholder data maintainable by establishment limited--Authorization to maintain PII.
34-20G-90 Cardholder's request for department to confirm cardholder status to others.
34-20G-91 Destruction of unused media containing cardholder information.
34-20G-92 Oversight committee--Membership.
34-20G-92.1 Oversight committee--Leadership.
34-20G-93 Oversight committee--Duties--Input.
34-20G-94 Annual report to the Legislature--Information excluded.
34-20G-95 Administration of medical cannabis to students.
34-20G-96 Probationer or parolee use--Practitioner attestation.
34-20G-1. Definitions.
Terms used in this chapter mean:
(1) "Allowable amount of cannabis,":
(a) Three ounces of cannabis or less;
(b) The quantity of cannabis products as established by rules promulgated by the department under § 34-20G-72;
(c) If the cardholder has a registry identification card allowing cultivation, two flowering cannabis plants and two cannabis plants that are not flowering; and
(d) If the cardholder has a registry identification card allowing cultivation, the amount of cannabis and cannabis products that were produced from the cardholder's allowable plants, if the cannabis and cannabis products are possessed at the same property where the plants were cultivated;
(2) "Bona fide practitioner-patient relationship," a treatment or consulting relationship between a practitioner and patient, during which:
(a) The practitioner completes, at the initial visit, an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination;
(b) The patient is under the practitioner's care for the debilitating medical condition that qualifies the patient for the medical use of cannabis or has been referred by the practitioner caring for the patient's debilitating medical condition that qualifies the patient for the medical use of cannabis to another practitioner;
(c) The patient has a reasonable expectation that the practitioner providing the written certification will continue to provide follow-up care to the patient to monitor the medical use of cannabis; and
(d) The relationship is not for the sole purpose of providing a written certification for the medical use of cannabis unless the patient has been referred by a practitioner providing care for the debilitating medical condition that qualifies the patient for the medical use of cannabis;
(3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures;
(4) "Cannabis product manufacturing facility," an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary;
(5) "Cannabis testing facility" or "testing facility," an independent entity registered with the department pursuant to this chapter to analyze the safety and potency of cannabis;
(6) "Cardholder," a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card;
(7) "Cultivation facility," an entity registered with the department pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment;
(8) "Debilitating medical condition,":
(a) 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, except nausea associated with pregnancy; seizures; or severe and persistent muscle spasms;
(b) Acquired immune deficiency syndrome or positive status for human immunodeficiency virus;
(c) Amyotrophic lateral sclerosis;
(d) Multiple sclerosis;
(e) Cancer or its treatment, if associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting;
(f) Crohn's disease;
(g) Epilepsy and seizures; or
(h) Post-traumatic stress disorder;
(9) "Department," the Department of Health;
(10) "Designated caregiver," an individual who:
(a) Is at least twenty-one years of age;
(b) Has agreed to assist with a qualifying patient's medical use of cannabis;
(c) Has not been convicted of a disqualifying felony offense; and
(d) 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, as defined in § 34-12-1.1, an accredited prevention or treatment facility, as defined in § 34-20A-2, a mental health center, as defined in § 27A-1-1, a child welfare agency, as defined in § 26-6-1, or a community support provider or community services provider, as defined in § 27B-1-17, where the designated caregiver is employed;
(11) "Disqualifying felony offense," a violent crime that was classified as a felony in the jurisdiction where the person was convicted;
(12) "Edible cannabis products," any product that:
(a) Contains or is infused with cannabis or an extract thereof;
(b) Is intended for human consumption by oral ingestion; and
(c) Is presented in the form of foodstuffs, beverages, oils, tinctures, or other similar products;
(13) "Enclosed, locked facility," any closet, room, greenhouse, building, or other enclosed area that is equipped with locks or other security devices that permit access only by a cardholder or a person allowed to cultivate the plants. Two or more cardholders who reside in the same dwelling may share one enclosed, locked facility for cultivation;
(14) "Flowering cannabis plant," the reproductive state of the cannabis plant in which the plant shows physical signs of flower budding out of the nodes of the stem;
(15) "Medical cannabis" or "cannabis," marijuana as defined in § 22-42-1;
(16) "Medical cannabis dispensary" or "dispensary," an entity registered with the department pursuant to this chapter that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders;
(17) "Medical cannabis establishment," a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a dispensary;
(18) "Medical cannabis establishment agent," an owner, officer, board member, employee, or volunteer at a medical cannabis establishment;
(19) "Medical use," includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. The term does not include:
(a) The cultivation of cannabis by a nonresident cardholder;
(b) The cultivation of cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder's registry identification card; or
(c) The extraction of resin from cannabis by solvent extraction unless the extraction is done by a cannabis product manufacturing facility;
(20) "Nonresident cardholder," a person who:
(a) Has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medical treatment of a person who has been diagnosed with a debilitating medical condition;
(b) Is not a resident of this state or who has been a resident of this state for fewer than forty-five days;
(c) Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medical purposes in the jurisdiction of issuance; and
(d) Has submitted any documentation required by the department, and has received confirmation of registration;
(21) "Practitioner," 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;
(22) "Qualifying patient," a person who has been diagnosed by a practitioner as having a debilitating medical condition;
(23) "Registry identification card," a document issued by the department that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a registry identification card pursuant to §§ 34-20G-29 to 34-20G-42, inclusive;
(24) "Safety-sensitive job," any position with tasks or duties that an employer reasonably believes could:
(a) Cause the illness, injury, or death of an individual; or
(b) Result in serious property damage;
(25) "Under the influence of cannabis," any abnormal mental or physical condition that tends to deprive a person of clearness of intellect and control that the person would otherwise possess, as the result of consuming any degree of cannabis or cannabis products; and
(26) "Written certification," a document dated and signed by a practitioner:
(a) Stating that the patient has a qualifying debilitating medical condition or symptom associated with the debilitating medical condition;
(b) Affirming that the document is made in the course of a bona fide practitioner-patient relationship;
(c) Specifying the qualifying patient's debilitating medical condition; and
(d) Specifying the expiration date of the qualifying patient's written certification, pursuant to § 34-20G-43; and
(e) Specifying whether the practitioner has previously issued the patient a written certification and the date of that written certification.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 114, § 1; SL 2022, ch 115, § 1; SL 2022, ch 116, § 1; SL 2022, ch 117, § 1; SL 2022, ch 118, § 1; SL 2022, ch 119, § 1; SL 2022, ch 120, § 1; SL 2023, ch 120, § 1; SL 2023, ch 121, § 1; SL 2023, ch 122, § 1; SL 2024, ch 132, § 1.
34-20G-2.Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:
(l) The medical use of cannabis in accordance with this chapter, if the cardholder does not possess more than the allowable amount of cannabis, and if any cannabis plant is either cultivated in an enclosed, locked facility or is being transported;
(2) Reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of cannabis;
(3) Transferring the cannabis to a testing facility;
(4) Compensating a dispensary or a testing facility for goods or services provided;
(5) Selling, transferring, or delivering cannabis seeds produced by the cardholder to a cultivation facility or dispensary; or
(6) Offering or providing cannabis to a cardholder for a registered qualifying patient's medical use, to a nonresident cardholder, or to a dispensary if nothing of value is transferred in return and the person giving the cannabis does not knowingly cause the recipient to possess more than the allowable amount of cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-3. Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
No nonresident cardholder is subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a business or occupational or professional licensing board or entity, for transporting, purchasing, possessing, or using medical cannabis in accordance with this chapter if the nonresident cardholder does not possess more than three ounces of cannabis and the quantity of cannabis products established by rules promulgated by the department under § 34-20G-72.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-4. Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable.
There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of cannabis in accordance with this chapter if the cardholder is in possession of a registry identification card and an amount of cannabis that does not exceed the allowable amount of cannabis. The presumption may be rebutted by evidence that conduct related to cannabis was not for the purpose of treating or alleviating a qualifying patient's debilitating medical condition or symptom associated with the qualifying patient's debilitating medical condition under this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-5. Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct.
No practitioner is subject to arrest, prosecution, or penalty of any kind, or denied any right or privilege, including civil penalty or disciplinary action by the South Dakota Board of Medical and Osteopathic Examiners or by any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition. Nothing in this chapter prevents a practitioner from being sanctioned for:
(1) Issuing a written certification to a patient with whom the practitioner does not have a bona fide practitioner-patient relationship; or
(2) Failing to properly evaluate a patient's medical condition.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-5.1. Certification not authorized.
Nothing in this chapter authorizes a practitioner to provide a written certification to a patient who is pregnant or breastfeeding.
Source: SL 2023, ch 120, § 2.
34-20G-5.2. Certification--Notification to primary or referring practitioner.
If a practitioner issues a written certification under this chapter, and if the practitioner is neither the patient's primary care provider nor a specialty provider caring for the patient's debilitating medical condition, the practitioner shall, upon issuing the certification, provide electronic notification of the issuance:
(1) To the patient's primary care provider; or
(2) To the referring practitioner, if that individual is caring for the patient's debilitating medical condition.
The patient's primary care provider or the referring practitioner shall include any notification received in accordance with this section in the patient's medical file.
Source: SL 2024, ch 133, § 1.
34-20G-6. Licensed professionals not subject to discipline for certain conduct.
No person licensed by the state or any other governmental entity to engage in any profession, occupation, or other activity is subject to disciplinary action, denial of the rights and privileges of such license, or otherwise penalized by the licensing authority for lawfully engaging in any activity authorized under this chapter or providing any service to a person engaged in activity that is authorized by this chapter merely because that activity is prohibited by federal law.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 121, § 1.
34-20G-7. Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct.
No person is subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:
(1) Providing or selling cannabis paraphernalia to a cardholder, nonresident cardholder, or to a medical cannabis establishment;
(2) Being in the presence or vicinity of the medical use of cannabis that is exempt from criminal or civil penalty by this chapter;
(3) Allowing the person's property to be used for an activity that is exempt from criminal or civil penalty by this chapter; or
(4) Assisting a registered qualifying patient with the act of using or administering cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-8. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134, § 1.
34-20G-9. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134, § 2.
34-20G-10. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134, § 3.
34-20G-11. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134, § 4.
34-20G-12. Sale or donation of cannabis seeds to cultivation facility.
A cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction may sell or donate cannabis seeds to a cultivation facility in this state.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-13. Seizure or forfeiture of cannabis or related property.
Any cannabis, cannabis product, cannabis paraphernalia, or other interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis as allowed under this chapter, or acts incidental to such use, may not be seized or forfeited. This chapter does not prevent the seizure or forfeiture of cannabis exceeding the amount allowed under this chapter, or prevent seizure or forfeiture if the basis for the action is unrelated to the cannabis that is possessed, manufactured, transferred, or used in accordance with this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-14. Possession of or application for registry identification card not grounds for search.
Possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-15. Activity conducted in accordance with chapter lawful.
For the purposes of state law, an activity related to medical cannabis is lawful as long as it is conducted in accordance with this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-16. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134, § 5.
34-20G-17. Contracts enforceable.
No contract entered into by a cardholder, a medical cannabis establishment, or medical cannabis establishment agent, or by a person who allows property to be used for an activity that is exempt from state criminal penalties by this chapter is unenforceable on the basis that activity related to cannabis is prohibited by federal law.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-18. Unauthorized conduct.
This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct:
(1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice;
(2) Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility;
(3) Smoking or vaping cannabis:
(a) On any form of public transportation;
(b) In any public place or any place that is open to the public; or
(c) If under the age of twenty-one;
(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis; or
(5) Performing any safety-sensitive job under the influence of cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, § 2.
34-20G-19. Schools and landlords--Prohibited conduct.
A cardholder may not be refused enrollment by a school or a lease by a landlord, or otherwise be penalized by a school or landlord solely for the person's status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation. This section does not prevent a landlord from imposing reasonable restrictions on the medical use of cannabis by a cardholder who resides at the landlord's property.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 122, § 1.
34-20G-20. Qualifying patient not disqualified from medical care for cannabis use.
For the purposes of medical care, including organ and tissue transplants, a registered qualifying patient's use of cannabis in accordance with this chapter is considered the equivalent of the authorized use of any other medication used at the discretion of a practitioner and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-21. Custody and visitation rights--Child neglect or endangerment.
No person may be denied custody of, visitation rights with, or parenting time with a minor solely because the person is a cardholder. There is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor. Nothing in this chapter supersedes or otherwise affects custody decisions, visitation rights, or parenting time based upon the best interests of the child.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 123, § 1.
34-20G-22. Employment and drug testing--Adverse action not prohibited for safety-sensitive position.
Except as otherwise provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose must be afforded the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to:
(1) Any interaction with a person's employer;
(2) Drug testing by a person's employer; or
(3) Drug testing required by any state or local law, agency, or government official.
Nothing in this section prohibits adverse employment action, based solely on a positive test result for cannabis metabolites, if the person is employed in a safety-sensitive job.
Nothing in this section prohibits an employer from refusing to hire a person, based solely on a positive test result for cannabis metabolites, if the person is seeking employment in a safety-sensitive job.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 135, § 1.
34-20G-23. Conflict with employer's obligations or benefits under federal law.
The rights provided by §§ 34-20G-19 to 34-20G-25, inclusive, do not apply to the extent that they conflict with an employer's obligations under federal law or regulation or to the extent that they would disqualify an employer from a monetary or licensing-related benefit under federal law or regulation.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-24. Cannabis at workplace--Drug-free policy permitted--Safe harbor.
No employer is required to allow the ingestion, possession, transfer, display, or transportation of cannabis in any workplace or to allow any employee to work while under the influence of cannabis.
No employer is prohibited from establishing and enforcing a drug-free workplace policy, which may include a drug testing program that complies with state and federal law, or acting with respect to an applicant or employee under the policy.
No cause of action is created for employment discrimination or wrongful termination arising from an employer's enforcement of a drug-free workplace policy in compliance with this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, § 3; SL 2024, ch 135, § 2.
34-20G-25. Schools, landlords, and employers not to be penalized.
No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-25.1. Healthcare and accredited prevention or treatment facilities.
A health care facility, as defined in § 34-12-1.1, an accredited prevention or treatment facility, as defined in § 34-20A-2, a mental health center, as defined in § 27A-1-1, a child welfare agency, as defined in § 26-6-1, or a community support provider or community services provider, as defined in § 27B-1-17, may adopt restrictions on the use of medical cannabis by a cardholder who resides at, is actively receiving treatment or care from, or is visiting the facility. The restrictions may include a provision that the facility will not store or maintain the cardholder's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for cardholders, and that the medical cannabis be used only in a place specified by the facility. Nothing in this section requires a facility to adopt such restrictions or requires a facility to allow the consumption of medical cannabis on the grounds of the facility.
No employee or agent of a facility may be subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board for possession of medical cannabis while carrying out employment duties, including providing or supervising care to a cardholder, or distribution of medical cannabis to a cardholder who resides at or is actively receiving treatment or care at the facility with which the employee or agent is affiliated.
Source: SL 2022, ch 117, § 2.
34-20G-26. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 122, § 2.
34-20G-27. Cost reimbursement, permission to smoke or vape cannabis on property, permission to cultivate on rental property, permission to allow conduct related to medical cannabis in public buildings not required.
Nothing in this chapter requires:
(1) A government medical assistance program or private health insurer, workers' compensation insurance carrier, or self-insured employer providing workers' compensation benefits, to reimburse a person for costs associated with the medical use of cannabis;
(2) Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke or vape cannabis on or in that property;
(3) A landlord to allow the cultivation of cannabis on the rental property; or
(4) A state or local government to allow any conduct otherwise permitted by this chapter within a building owned, leased, or occupied by the state or local government.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 124, § 1; SL 2022, ch 125, § 1.
34-20G-28. Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted.
Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-28.1. Required notice--Federal firearms law.
Each application for a registry identification card and each application for a card renewal must include a notice that:
(1) The Gun Control Act of 1968, 18 U.S.C. § 922 (January 1, 2024), prohibits any person who is an unlawful user of or addicted to any controlled substance, as defined by the Controlled Substances Act of 1970, 21 U.S.C. § 801, et seq., (January 1, 2024), from shipping, transporting, receiving, or possessing a firearm or ammunition;
(2) Until marijuana is legalized under federal law, an individual who is a current user of marijuana is, under federal law, an unlawful user of a controlled substance; and
(3) Federal law does not exempt the use of marijuana for medicinal purposes.
Source: SL 2024, ch 136, § 1.
34-20G-29. Information required for issuance of registry identification cards--Fee--Fee waiver for follow-up assessment.
The department shall issue a registry identification card to a qualifying patient who submits the following, in accordance with rules promulgated by the department:
(1) A written certification issued by a practitioner within ninety days immediately preceding the date of an application;
(2) The application or renewal fee;
(3) The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;
(4) The name, address, and telephone number of the qualifying patient's practitioner;
(5) The name, address, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient;
(6) If more than one designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers are needed due to the patient's age or medical condition;
(7) The name of no more than two dispensaries that the qualifying patient designates, if any; and
(8) If the qualifying patient designates a designated caregiver, a designation as to whether the qualifying patient or designated caregiver will be allowed under state law to possess and cultivate cannabis plants for the qualifying patient's medical use.
When a practitioner conducts a follow-up assessment with a patient, within sixty days of issuing the patient a written certification, and the purpose of the follow-up assessment is to assess the patient's response to the use of medical cannabis and to determine whether to issue the patient a second written certification, the fee required under subdivision (2) is waived, if the patient reapplies for the second registry identification card. A patient may only receive one fee waiver under this section per calendar year.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 121, § 2.
34-20G-30. Submission of information by person responsible for medical decisions for qualifying patient.
If the qualifying patient is unable to submit the information required by § 34-20G-29 due to the person's age or medical condition, the person responsible for making medical decisions for the qualifying patient may do so on behalf of the qualifying patient.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-31. Department verification of information--Issuance of registry identification card--Verification system.
Except as provided in § 34-20G-32, the department shall:
(1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within fifteen days of receiving a completed application or renewal application;
(2) Issue registry identification cards to a qualifying patient and to a qualifying patient's designated caregivers, if any, within five days of approving the application or renewal. A designated caregiver shall have a registry identification card for each of the qualifying patients; and
(3) Enter the registry identification number of any dispensary the patient designates into the verification system.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-32. Background check of designated caregiver.
The department may conduct a background check of a designated caregiver in order to carry out the provisions of § 34-20G-31.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-33. Issuance of registry identification card to patient under age 18--Conditions.
The department may not issue a registry identification card to a qualifying patient who is younger than eighteen years of age unless:
(1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and
(2) The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:
(a) Allow the qualifying patient's medical use of cannabis;
(b) Serve as the qualifying patient's designated caregiver; and
(c) Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-34. Grounds for denial or nonrenewal of qualifying patient registry identification card.
The department may deny an application or renewal of a qualifying patient’s registry identification card only if the applicant:
(1) Does not provide the required information, fee, or materials;
(2) Does not meet the requirement to obtain a registry identification card as defined in § 34-20G-1;
(3) Previously had a registry identification card revoked; or
(4) Provided false information.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 126, § 1.
34-20G-35. Grounds for denial of application or nonrenewal of designated caregiver.
The department may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:
(l) The designated caregiver does not meet the requirements of a designated caregiver as defined in § 34-20G-l;
(2) The applicant does not provide the information required;
(3) The designated caregiver previously had a registry identification card revoked; or
(4) The applicant or the designated caregiver provide false information.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-36. Notice--Denial or revocation.
The department shall give written notice to the qualifying patient of the reason for:
(1) Denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver; or
(2) Revoking the registry identification card of the qualifying patient or the qualifying patient's designated caregiver.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127, § 1.
34-20G-37. Judicial review of application denial or nonrenewal.
Denial of an application or renewal under § 34-20G-34 or 34-20G-35 is considered a final department action, subject to judicial review.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-38. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128, § 1.
34-20G-39. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128, 2.
34-20G-40. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128, § 3.
34-20G-41. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128, § 4.
34-20G-42. Contents of registry identification cards.
A registry identification card shall contain all of the following:
(1) The name of the cardholder;
(2) A designation of whether the cardholder is a qualifying patient or a designated caregiver;
(3) The date of issuance and expiration date of the registry identification card;
(4) A random ten-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder;
(5) If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist;
(6) A clear indication of whether the cardholder has been designated to cultivate cannabis plants for the qualifying patient's medical use;
(7) A photograph of the cardholder; and
(8) The phone number or website address where the card can be verified.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-43. Expiration of registry identification card.
The registry identification card of a qualifying patient and designated caregiver, if any, expires on the date noted by the practitioner in the qualifying patient's written certification, not to exceed one year after the date of issue.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 118, § 2.
34-20G-44. Confidential list--Personal information.
The department shall maintain a confidential list of:
(a) The name, address, phone number, and registry identification card number of each person to whom the department has issued a registry identification card; and
(b) The name, address, and phone number of a registered qualifying patient's parent or legal guardian if the patient is under age eighteen.
The list may not be combined or linked in any manner with any other list or database, nor may it be used for any purpose not provided for in this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 129, § 1.
34-20G-45. Secure phone or web-based verification system.
Within one hundred twenty days of July 1, 2021, the department shall establish a secure phone or web-based verification system. The verification system shall allow law enforcement personnel and medical cannabis establishments to enter a registry identification number and determine whether the number corresponds with a current, valid registry identification card. The system may disclose only:
(1) Whether the identification card is valid;
(2) The name of the cardholder;
(3) Whether the cardholder is a qualifying patient or a designated caregiver;
(4) Whether the cardholder is permitted to cultivate cannabis plants;
(5) The registry identification number of any affiliated registered qualifying patient; and
(6) The registry identification of the qualifying patient's dispensary or dispensaries, if any.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-46. Required notifications to department.
The following notifications are required:
(1) A registered qualifying patient shall notify the department of any change in the applicant’s name or address, or if the patient ceases to have a debilitating medical condition, within ten days of the change;
(2) A registered designated caregiver shall notify the department of any change in the caregiver’s name or address, or if the caregiver becomes aware the qualifying patient passed away, within ten days of the change;
(3) Before a registered qualifying patient changes a designated caregiver, the patient shall notify the department;
(4) If a registered qualifying patient changes a preference as to who may cultivate cannabis for the patient, the patient shall notify the department;
(5) If a cardholder loses a registry identification card, the cardholder shall notify the department within ten days of becoming aware the card has been lost; and
(6) Before a registered qualifying patient changes a designated dispensary, the patient shall notify the department.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-47. Notifications by designated caregiver.
Any notification that a registered qualifying patient is required to make under this chapter may be made by the patient's designated caregiver if the qualifying patient is unable to make the notification due to age or medical condition.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-48. Issuance of new registry identification card following required notification to department.
If a cardholder notifies the department of any item listed in § 34-20G-46, but remains eligible under this chapter, the department shall issue the cardholder a new registry identification card with a new random ten-digit alphanumeric identification number within ten days of receiving the updated information and a twenty dollar fee. If the person notifying the department is a registered qualifying patient, the department shall also issue the patient's registered designated caregiver, if any, a new registry identification card within ten days of receiving the updated information.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-49. End of debilitating condition--Registry card voided--Disposal of cannabis.
A registry identification card is void if the certifying practitioner notifies the department in writing that:
(1) The registered qualifying patient has ceased to suffer from a debilitating medical condition; or
(2) The practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of cannabis.
The registered qualifying patient has fifteen days to dispose of any cannabis in the registered qualifying patient's possession.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 2.
34-20G-50. Theft or loss of cannabis--Notice to department.
A medical cannabis establishment shall notify the department within one business day of any theft or significant loss of cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-51. Medical purpose defense.
Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that:
(1) A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person;
(2) The person was in possession of no more than three ounces of cannabis, the amount of cannabis products allowed by department rules, two flowering cannabis plants, two cannabis plants that are not flowering, and the cannabis produced by those plants;
(3) The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition; and
(4) Any cultivation of cannabis and storage of more than three ounces of cannabis occurred in a secure location that only the person asserting the defense could access.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 119, § 2.
34-20G-52. Proof of unavailability of defense to prosecution.
An affirmative defense and motion to dismiss shall fail if the prosecution proves that:
(1) The person had a registry identification card revoked for misconduct; or
(2) The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-53. Registry identification card not required to raise defense.
A person is not required to possess a registry identification card to raise the affirmative defense set forth in § 34-20G-51.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-54. Person using cannabis for medical purpose not subject to discipline or forfeiture.
If a person demonstrates the person's medical purpose for using cannabis pursuant to this chapter, except as provided in § 34-20G-18, the person is not subject to the following for the person's use of cannabis for medical purposes:
(1) Disciplinary action by an occupational or professional licensing board or bureau; or
(2) Forfeiture of any interest in or right to any property other than cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-55. Application for medical cannabis establishment--Contents and conditions--Time for registration.
Not later than ninety days after receiving an application for a medical cannabis establishment, the department shall register the prospective medical cannabis establishment and issue a registration certificate and a random ten-digit alphanumeric identification number if all of the following conditions are satisfied:
(1) The prospective medical cannabis establishment has submitted all of the following:
(a) The application fee;
(b) An application, including:
(i) The legal name of the prospective medical cannabis establishment;
(ii) The physical address of the prospective medical cannabis establishment that is not within one thousand feet of a public or private school existing before the date of the medical cannabis establishment application;
(iii) The name and date of birth of each principal officer and board member of the proposed medical cannabis establishment; and
(iv) Any additional information requested by the department;
(c) Operating procedures consistent with rules for oversight of the proposed medical cannabis establishment, including procedures to ensure accurate record keeping and adequate security measures;
(d) If the city or county where the proposed medical cannabis establishment would be located has enacted zoning restrictions, a sworn statement certifying that the proposed medical cannabis establishment does not violate the restrictions;
(e) If the city or county where the proposed medical cannabis establishment requires a local registration, license, or permit, a copy of the registration, license, or permit;
(2) None of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its registration certificate revoked;
(3) None of the principal officers or board members is under twenty-one years of age; and
(4) At least one principal officer is a resident of this state.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-56. County and municipality limitation on number of medical cannabis establishments.
If the governing body of a county has enacted a numerical limit on the number of medical cannabis establishments in the county and a greater number of applicants seek registration, the department shall solicit and consider input from the 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.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137, § 1.
34-20G-57. Medical cannabis establishment registration--Renewal.
The department shall issue a renewal registration certificate within forty-five days of receipt of the prescribed renewal application and renewal fee from a medical cannabis establishment.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 3.
34-20G-58. Local ordinances on medical cannabis establishments--Jurisdiction--Civil penalty.
The governing body of a municipality may enact an ordinance not in conflict with this chapter, 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 of operation;
(2) A limit on the number of medical cannabis establishments in the 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 county or municipality may impose a civil penalty for the violation of an ordinance enacted in accordance with this section.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137, § 2.
34-20G-59. Local government prohibition of dispensaries not permitted.
No 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 county or municipality.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137, § 3.
34-20G-60. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137, § 5.
34-20G-61. Criminal background check of medical cannabis establishment officers, employees, and volunteers.
Each medical cannabis establishment shall conduct a background check into the criminal history of each person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the medical cannabis establishment.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-62. Employment restrictions on medical cannabis establishments.
A medical cannabis establishment may not employ any person who:
(1) Was convicted of a disqualifying felony offense; or
(2) Is under twenty-one years of age.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-63. Medical cannabis establishment procedures for oversight and record keeping.
Each medical cannabis establishment shall have operating documents that include procedures for the oversight of the medical cannabis establishment and procedures to ensure accurate record keeping.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-64. Medical cannabis establishment security measures.
A medical cannabis establishment shall implement appropriate security measures designed to deter and prevent the theft of cannabis and unauthorized entrance into any area containing cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-65. Cultivation, harvesting, manufacturing, and packaging of cannabis.
All cultivation, harvesting, manufacturing and packaging of cannabis shall take place in a secure facility at a physical address provided to the department during the registration process. The secure facility may only be accessed by agents of the medical cannabis establishment, emergency personnel, and adults who are twenty-one years of age and older and who are accompanied by a medical cannabis establishment agent.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-65.1. Test samples of cannabis or cannabis products.
A sample of cannabis or cannabis products submitted to a testing facility must be collected by a designated representative of the testing facility.
A medical cannabis establishment shall ensure that testing is conducted on a sample of cannabis or cannabis product immediately prior to the transfer of the cannabis for retail sale or cannabis product in final form to another medical cannabis establishment.
Source: SL 2022, ch 131, § 1; SL 2024, ch 132, § 4.
34-20G-66. Production of cannabis products.
No medical cannabis establishment other than a cannabis product manufacturer may produce cannabis concentrates, cannabis extractions, or other cannabis products.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-67. Sharing office space and patient referrals to practitioners prohibited.
A medical cannabis establishment may not share office space with or refer a patient to a practitioner.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-68. Consumption of cannabis on medical cannabis establishment property prohibited.
A medical cannabis establishment may not permit any person to consume cannabis on the property of a medical cannabis establishment.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-69. Inspection of medical cannabis establishments.
A medical cannabis establishment is subject to inspection by the department during business hours.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-70. Cannabis dispensed--Conditions.
A dispensary may not dispense more than three ounces of cannabis or a cannabis product to a registered qualifying patient or a nonresident cardholder, directly or via a designated caregiver, in any fourteen-day period.
Before cannabis or a cannabis product may be dispensed to a cardholder or nonresident cardholder, a dispensary agent must verify:
(1) That the registry identification card or registration presented to the dispensary is valid;
(2) The identity of the person by requiring the person to present a valid photographic identification document issued by this state, another state, tribe, or the federal government; and
(3) Through the department's inventory tracking system, that the registered qualifying patient or nonresident cardholder has not exceeded the allowable limit of cannabis or cannabis product in the applicable fourteen-day period.
A dispensary agent may not dispense an amount of cannabis or cannabis product to a person that would cause the person to possess more than the allowable amount of cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 132, § 1; SL 2024, ch 132, § 5.
34-20G-71. Cannabis dispensed--Confidential record.
A dispensary shall maintain internal, confidential records specifying how much cannabis is dispensed to a nonresident cardholder or registered qualifying patient and whether it is dispensed directly to a registered qualifying patient or to the designated caregiver.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 6.
34-20G-72. Promulgation of rules--Violation of required or prohibited action as misdemeanor.
The department shall promulgate rules pursuant to chapter 1-26:
(1) Establishing the form and content of registration and renewal applications submitted under this chapter and include the notice requirements set forth in § 34-20G-28.1;
(2) Establishing a system to numerically score competing medical cannabis establishment applicants, in cases where more applicants apply than are allowed by the local government, that includes analysis of:
(a) The preference of the local government;
(b) In the case of dispensaries, the suitability of the proposed location and its accessibility for patients;
(c) The character, veracity, background, qualifications, and relevant experience of principal officers and board members; and
(d) The business plan proposed by the applicant, that in the case of a cultivation facility or dispensary shall include the ability to maintain an adequate supply of cannabis, plans to ensure safety and security of patrons and the community, procedures to be used to prevent diversion, and any plan for making cannabis available to low-income registered qualifying patients;
(3) Governing the manner in which the department shall consider applications for and renewals of registry identification cards, that may include creating a standardized written certification form;
(4) Governing medical cannabis establishments to ensure the health and safety of qualifying patients and prevent diversion and theft without imposing an undue burden or compromising the confidentiality of a cardholder, including:
(a) Oversight requirements;
(b) Record-keeping requirements;
(c) Security requirements, including lighting, physical security, and alarm requirements;
(d) Health and safety regulations, including restrictions on the use of pesticides that are injurious to human health;
(e) Standards for the manufacture of cannabis products and both the indoor and outdoor cultivation of cannabis by a cultivation facility;
(f) Requirements for the transportation and storage of cannabis by a medical cannabis establishment;
(g) Employment and training requirements, including requiring that each medical cannabis establishment create an identification badge for each agent;
(h) Standards for the safe manufacture of cannabis products, including extracts and concentrates;
(i) Restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary, listings in business directories including phone books, listings in marijuana-related or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events;
(j) Requirements and procedures for the safe and accurate packaging, labeling, distribution, and tracking of medical cannabis;
(k) Certification standards for testing facilities, including requirements for equipment and qualifications for personnel; and
(l) Requirements for samples of cannabis and cannabis products submitted to testing facilities, including batch sizes to not exceed fifty pounds of cannabis intended for retail sale, batch sizes for homogenous cannabis products intended for retail sale, and procedures to ensure representative sampling;
(5) Establishing procedures for the suspension and termination of the registry identification cards of cardholders who commit multiple or serious violations of this chapter;
(6) Establishing procedures for:
(a) The imposition of fines, not to exceed ten thousand dollars per inspection, on a medical cannabis establishment that is found to have committed multiple or serious violations of this chapter; and
(b) The probation, suspension, and termination of the registration certificate of a medical cannabis establishment that commits multiple or serious violations of this chapter;
(7) Establishing labeling requirements for cannabis and cannabis products, including requiring cannabis product labels to include the following:
(a) The length of time it typically takes for a product to take effect;
(b) Disclosing ingredients and possible allergens;
(c) A nutritional fact panel; and
(d) Requiring that edible cannabis products be clearly identifiable, when practicable, with a standard symbol indicating that it contains cannabis;
(8) Establishing procedures for the registration of nonresident cardholders and the cardholder's designation of no more than two dispensaries, which shall require the submission of:
(a) A practitioner's statement confirming that the patient has a debilitating medical condition; and
(b) Documentation demonstrating that the nonresident cardholder is allowed to possess cannabis or cannabis preparations in the jurisdiction where the nonresident cardholder resides;
(9) Establishing the amount of cannabis products, including the amount of concentrated cannabis, each cardholder and nonresident cardholder may possess; and
(10) Establishing application and renewal fees for registration certificates, not to exceed twenty thousand dollars, with this upper limit adjusted annually for inflation, with the total fees collected sufficient to offset all costs related to program implementation and administration; and
(11) Establishing application and renewal fees for registry identification cards and nonresident cardholder registration as follows:
(a) Using a sliding scale of patient application and renewal fees based upon a qualifying patient's household income;
(b) The fees charged to qualifying patients, nonresident cardholders, and caregivers may not be greater than the costs of processing the application and issuing a registry identification card or registration; and
(c) The department may accept donations from private sources to reduce application and renewal fees.
A violation of a required or prohibited action under any rule authorized by this section is a Class 2 misdemeanor.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 131, § 2; SL 2022, ch 133, § 1; SL 2023, ch 122, § 3; SL 2024, ch 136, § 2; SL 2024, ch 138, § 1.
34-20G-73. Civil penalty for failure to provide required notice.
A cardholder or medical cannabis establishment who fails to provide a notice required by this chapter is subject to a civil penalty of no more than one hundred fifty dollars. Any civil penalty collected shall be deposited in the state general fund.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-74. Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification.
In addition to any other penalty under law, a medical cannabis establishment or an agent of a medical cannabis establishment who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a Class 6 felony. A person convicted under this section may not continue to be affiliated with the medical cannabis establishment and is disqualified from any future affiliation with any medical cannabis establishment under this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-75. Intentional cannabis sale or transfer by cardholder to unauthorized person as felony.
In addition to any other penalty under law, a cardholder or nonresident cardholder who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a Class 6 felony.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-76. False statement to law enforcement official about medical use of cannabis as misdemeanor.
A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a Class 2 misdemeanor. The penalty is in addition to any other penalty that may apply for making a false statement or for the possession, cultivation, or sale of cannabis not protected by this chapter. If a person convicted of violating this section is a cardholder, the person is disqualified from being a cardholder under this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-77. Knowing submission of false records or documents to certify medical cannabis establishment as felony.
A person who knowingly submits false records or documentation required by the department to certify a medical cannabis establishment under this chapter is guilty of Class 6 felony.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-78. Certain conduct of practitioner--Misdemeanor.
A practitioner is guilty of a Class 2 misdemeanor if the practitioner:
(1) Knowingly refers a patient to a medical cannabis establishment or to a designated caregiver in exchange for financial consideration;
(2) Advertises in a medical cannabis establishment;
(3) Issues written certifications while holding a financial interest in a medical cannabis establishment;
(4) Offers a discount, deal, or other financial incentive for making an appointment with the practitioner for the purpose of receiving a written certification;
(5) Conducts the medical assessment required for a bona fide practitioner-patient relationship in a space licensed for the sale of alcoholic beverages; or
(6) Charges a patient based on the term of a written certification issued to the patient.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 123, § 1.
34-20G-78.1. Certain conduct of entity--Misdemeanor.
An entity is guilty of a Class 2 misdemeanor if the entity:
(1) Offers a discount, deal, or other financial incentive for making an appointment with a practitioner for the purpose of receiving a written certification; or
(2) Charges a practitioner's patient based on the duration of a written certification issued to the patient.
Source: SL 2023, ch 123, § 2.
34-20G-78.2. Financial relationship with clinic--Referral prohibited--Exceptions--Penalty.
If a practitioner or an immediate family member of the practitioner has a financial relationship with a medical cannabis clinic, the practitioner may not knowingly refer a patient to that clinic for the purpose of receiving a written certification under this chapter.
For purposes of this section, a "financial relationship" means an ownership or investment interest in the medical cannabis clinic, or a compensation arrangement between the practitioner or the practitioner's immediate family member and the clinic.
An ownership or investment interest may be through equity, debt, or other means and includes an interest in an entity that holds an ownership or investment interest in the medical cannabis clinic.
The prohibition of this section does not apply:
(1) If the services offered at the medical cannabis clinic are being provided by another practitioner in the same group practice as the referring practitioner;
(2) To a compensation arrangement, between the practitioner or the practitioner's immediate family member and the medical cannabis clinic, consisting of payments under the terms of a written lease that:
(a) Is signed by all the parties;
(b) Specifies the premises covered by the lease, provided the premises do not exceed the space that is reasonable and necessary for the legitimate business purposes of the lease and further provided that the premises, aside from common areas, are used exclusively by the lessee;
(c) Has a duration of at least twelve months; and
(d) Specifies the rental charges over the term of the lease, provided the charges are consistent with fair market value, and are not determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties;
(3) To a bona fide employment relationship under which an immediate family member of the practitioner is employed by the clinic for identifiable services, and receives remuneration for those services in an amount that:
(a) Is consistent with the fair market value of the services; and
(b) Is not determined in a manner that takes into account, directly or indirectly, the volume or value of any referrals by the referring practitioner; and
(4) To an isolated transaction, such as a one-time sale of property.
Any practitioner who knowingly refers a patient to a medical cannabis clinic, with which the practitioner or an immediate family member of the practitioner has a financial relationship, is guilty of a Class 2 misdemeanor.
Source: SL 2024, ch 139, § 1.
34-20G-79. Breach of confidentiality of information as misdemeanor.
It is a Class 2 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained under this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-80. Medical cannabis establishment registration--Probation, fine, suspension, or revocation.
The department may, after notice and hearing in accordance with chapter 1-26, impose probation, impose a fine, suspend, or revoke a registration certificate for multiple negligent or knowing violations of this chapter, or for a serious and knowing violation of this chapter, by the registrant or any of its agents.
The department may not:
(1) Impose a probation period that exceeds six months; or
(2) Suspend a registration certificate for a period that exceeds six months, except for a serious violation of patient health and safety, in which case the suspension may not exceed one year.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 7.
34-20G-81. Notice of probation, fine, suspension, or revocation.
The department shall provide notice of probation, fine, suspension, or revocation by mailing the same in writing to the medical cannabis establishment at the address on the registration certificate.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 8.
34-20G-82. Permitted and prohibited conduct during suspension.
A medical cannabis establishment may continue to possess cannabis during a suspension, but it may not dispense, transfer, or sell cannabis. A cultivation facility may continue to cultivate and possess cannabis plants during a suspension, but it may not dispense, transfer, or sell cannabis.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-83. Revocation of registry identification card for cannabis sale to unauthorized person--Disqualification.
The department shall immediately revoke the registry identification card of any cardholder who sells cannabis to a person who is not allowed to possess cannabis for medical purposes under this chapter, and the cardholder is disqualified from being a cardholder under this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-84. Revocation of registry identification card for multiple or serious violations.
The department may revoke the registry identification card of any cardholder who knowingly commits multiple unintentional violations or a serious knowing violation of this chapter.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-85. Judicial review of revocation.
Revocation under § 34-20G-80, 34-20G-83, or 34-20G-84 is a final decision of the department subject to judicial review.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127, § 2.
34-20G-86. Confidential data.
Data in a registration application and supporting data submitted by a qualifying patient, designated caregiver, nonresident cardholder, or medical cannabis establishment, including data on designated caregiver or practitioner, is not a public record open to public access, inspection, or copying under chapter 1-27. All other public records concerning registered medical cannabis establishments are governed by chapter 1-27.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 134, § 1.
34-20G-87. Data maintained by department--Limited use--Exception.
Except as provided in § 34-20E-2, data kept or maintained by the department may not be used for any purpose not provided for in this chapter and may not be combined or linked in any manner with any other list or database.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 9.
34-20G-88. Data maintained by department--Grounds for disclosure.
Confidential data or data that is not a public record kept or maintained by the department may only be disclosed as necessary to:
(1) Verify a registration certificate or registry identification card pursuant to this chapter;
(2) Notify law enforcement of an apparent criminal violation of this chapter or respond to law enforcement or prosecutorial officials engaged in the investigation or enforcement of the criminal provisions of this chapter;
(3) Notify state and local law enforcement about falsified or fraudulent information submitted for the purpose of obtaining or renewing a registry identification card;
(4) Notify the applicable licensing board if there is reason to believe that a practitioner has violated the standard of care for evaluating a medical condition; or respond to the board, if the board is seeking data relevant to an investigation of a person who holds a license issued by the board;
(5) Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal, civil, or administrative violations related to the use of medical cannabis;
(6) An authorized employee of the department performing official duties associated with the medical cannabis program;
(7) A practitioner to determine if a person in the practitioner's care engages in the medical use of cannabis so the practitioner may assess possible drug interactions or assess other medically necessary concerns; or
(8) Comply with the reporting requirement in § 34-20G-88.1.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 120, § 2; SL 2022, ch 134, § 2; SL 2022, ch 136, § 3; SL 2024, ch 132, § 10.
34-20G-88.1. Reporting--Prescription drug monitoring program.
The department shall submit the name and date of birth of a qualifying patient who receives a registry identification card to the prescription drug monitoring program authorized pursuant to chapter 34-20E.
Source: SL 2024, ch 132, § 11.
34-20G-89. Cardholder data maintainable by establishment limited--Authorization to maintain PII.
Except as otherwise provided in this section, information kept or maintained by a medical cannabis establishment may identify a cardholder only by registry identification number and may not contain names or other personally identifiable information.
A cardholder may, in writing, authorize an establishment to maintain the cardholder's name and other personally identifiable information, for the limited purpose of receiving direct communication regarding the cardholder's:
(1) Individual medical needs; or
(2) Use of a specific product.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 124, § 1, eff. Mar. 8, 2023.
34-20G-90. Cardholder's request for department to confirm cardholder status to others.
At the cardholder's request, the department may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party, such as a landlord, school, medical professional, or court.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-91. Destruction of unused media containing cardholder information.
Any department hard drive or other data-recording media that is no longer in use and that contains cardholder information shall be destroyed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-92. Oversight committee--Membership.
The Executive Board of the Legislative Research Council shall appoint an oversight committee consisting of:
(1) Two members of the Senate;
(2) Two members of the House of Representatives;
(3) One physician licensed in accordance with chapter 36-4;
(4) One physician assistant licensed in accordance with chapter 36-4A;
(5) One certified nurse practitioner licensed in accordance with chapter 36-9A;
(6) One chief of police for a municipality having a population in excess of fifty-thousand, or a representative of the police department designated by the chief;
(7) One sheriff of a county or a representative of the sheriff's office designated by the sheriff;
(8) One professional counselor licensed in accordance with chapter 36-32 or one addiction counselor licensed in accordance with chapter 36-34; and
(9) One qualifying patient.
Each appointee shall serve for a term of two years and may be reappointed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 135, § 1; SL 2023, ch 125, § 1.
34-20G-92.1. Oversight committee--Leadership.
Beginning in 2023, and every two years thereafter, the oversight committee shall select from among itself one legislator to serve as the chair and one legislator, from the opposite chamber, to serve as the vice chair.
Beginning in 2025, the legislators selected to serve as the chair and vice chair may not be from the same chamber as their immediate predecessors.
Source: SL 2023, ch 125, § 2.
34-20G-93. Oversight committee--Duties--Input.
The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the Legislature and the department regarding:
(1) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical cannabis;
(2) The effectiveness of the dispensaries and cultivation facilities, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services by dispensaries, the reasonableness of their prices, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the state's registered qualifying patients;
(3) The effectiveness of the cannabis testing facilities, including whether a sufficient number are operating;
(4) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the department to ensure that access to and use of cannabis cultivated is provided only to cardholders;
(5) Any recommended additions or revisions to the department regulations or this chapter, including recommendations relating to security, safe handling, labeling, and nomenclature;
(6) Any research studies regarding health effects of medical cannabis for patients; and
(7) Any medical and clinical aspects of the medical cannabis program.
The oversight committee shall ensure that it seeks relevant input from qualifying patients; designated caregivers; pharmacists; school boards and administrators; parents; municipal representatives; state agencies, including the Department of Health, the South Dakota Division of Criminal Investigation, and the Department of Public Safety; and medical cannabis establishments.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 125, § 3; SL 2023, ch 126, § 1.
34-20G-94. Annual report to the Legislature--Information excluded.
The department shall report annually to the Legislature on the number of applications for registry identification cards received; the number of qualifying patients and designated caregivers approved; the number of registry identification cards revoked; the number of each type of medical cannabis establishment registered; the expenses incurred and revenues generated from the medical cannabis program; the number of patient cardholders by medical condition; qualifying patient demographics by age and sex; the number and specialty of the practitioners providing written certifications; the number of medical cannabis establishments by type; the number of licensing violations determined by the department; the impact of medical cannabis on public safety, public health, and behavioral health services; any other information regarding the effects of medical cannabis on the public; and any recommendations. The department may not include identifying information on a qualifying patient, designated caregiver, or practitioner in the report.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 136, § 1.
Effective June 30, 2025
34-20G-94. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 136, § 1; SL 2022, ch 136, § 2, eff. Jun. 30, 2025.
34-20G-95. Administration of medical cannabis to students.
The Department of Education and the department shall establish policy to allow students who are medical cannabis cardholders to have their medicine administered in school in accordance with their physician's recommendation. This policy shall be implemented the first day of the new school year following passage of this chapter. The departments shall implement substantively identical provisions to Colorado Revised Statute 22-1-119.3 as of January 1, 2019.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-96. Probationer or parolee use--Practitioner attestation.
In order for an individual who is serving a probationary sentence under the supervision of the Unified Judicial System or who is on conditional release or parole from a state correctional facility under the legal custody of the Department of Corrections to utilize medical cannabis, the individual's practitioner must attest that the use of medical cannabis is:
(1) Consistent with the medical standard of care for the treatment of the individual’s documented debilitating medical condition and any symptoms associated with the debilitating medical condition;
(2) Reasonable in light of the practitioner’s observation and the individual's physical examination, diagnostic test results, medical history, and reported symptoms; and
(3) Reasonable in light of the risks and benefits of medical cannabis as compared to the risks and benefits of other treatment options for the individual’s debilitating medical condition and any symptoms associated with the debilitating medical condition.
Source: SL 2024, ch 140, § 1.
