An Act to require that the Department of Health accept the medical records of a veteran applying for a medical cannabis registry identification card.

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

Section 1. That § 34-20G-29 be AMENDED:

34-20G-29. TheExcept as provided in section 2 of this Act, 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 fee 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 more than one caregiver is needed due to the qualifying 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 names a designated caregiver, a designation an indication as to whether the qualifying patient or designated caregiver will be allowed under state is allowed by 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.

Section 2. That a NEW SECTION be added to chapter 34-20G:

Notwithstanding any other provision of law, the department shall issue a registry identification card to a qualifying patient who:

(1) Is a veteran; and

(2) In accordance with rules promulgated by the department, submits:

(a) The portion of the qualifying patient's medical records from the United States Department of Veterans Affairs, current within three years of the date the application is submitted, which indicates that the qualifying patient is diagnosed with a debilitating medical condition;

(b) Documentation certifying that the qualifying patient was discharged or released from military service under conditions other than dishonorable;

(c) The application fee or renewal fee;

(d) The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;

(e) The name, address, and telephone number of the qualifying patient's preferred Department of Veterans Affairs health facility;

(f) If applicable, the name, address, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient;

(g) If more than one designated caregiver is designated at any given time, documentation demonstrating that more than one designated caregiver is needed due to the qualifying patient's age or medical condition;

(h) The name of no more than two dispensaries that the qualifying patient designates, if any; and

(i) If the qualifying patient names a designated caregiver, an indication as to whether the qualifying patient or designated caregiver is allowed by law to possess and cultivate cannabis plants for the qualifying patient's medical use.

A registry identification card issued under this section expires one year after the date of issuance and may be renewed.

For the purposes of this section, "veteran" means an individual who served in the active military, naval, air, or space service of the armed forces of the United States, and who was discharged or released therefrom under conditions other than dishonorable.