An Act to require that a medical cannabis cardholder provide a card or card number upon request of a law enforcement officer.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-20G-2 be AMENDED:

34-20G-2. 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, and may not be denied any right or privilege for:

(l) The medical use of cannabis in accordance with this chapter, if the provided that:

(a) The cardholder does not possess more than the allowable amount of cannabis, and if any; and

(b) Any cannabis plant possessed by the cardholder 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 a 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, provided that nothing of value is transferred in return, and the person cardholder giving the cannabis does not knowingly cause the recipient to possess more than the allowable amount of cannabis.

Notwithstanding any other provision of this section, a cardholder is subject to arrest pursuant to chapter 23A-3 if, upon request of a law enforcement officer, the cardholder does not provide the cardholder's registry identification card or registry identification card number.

Section 2. That § 34-20G-3 be AMENDED:

34-20G-3. No A nonresident cardholder is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including any civil penalty or disciplinary action by a business or occupational or professional licensing board or entity, and may not be denied any right or privilege, 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.

Notwithstanding any other provision of this section, a nonresident cardholder is subject to arrest pursuant to chapter 23A-3 if, upon request of a law enforcement officer, the nonresident cardholder does not provide the nonresident cardholder's:

(1) Registry identification card; or

(2) Registry identification card number.