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program administrator and the medical cannabis attorney positions were both filled. The administrator position is charged with standing up the new program and working with other staff to put the new processes in place. The Department of Public Safety provides staff to perform inspections of all medical cannabis establishments. The Department of Revenue has also played a key supporting role in putting cannabis processes together. According to a spokesperson with the Department of Health, the timelines to get these processes in place were short, but the department has met every deadline set by the voters. IM 26 passed in November 2020. The South Dakota Codified Law, 34-20G, went into effect on July 1, 2021. Administrative rules pertaining to medical cannabis were put in place in October 2021. There are 13 chapters of rules that guide various aspects of the program. In addition, three major online software solutions were put in place for establishment registration, patient/physician registration and seed-to-sale tracking. The Department of Health placed authority with local municipal and county governments regarding medical cannabis establishments and licensure.
What’s new in 2022 Many bills related to medical cannabis were introduced in the 2022 session with only a handful ultimately passing and becoming law as of July 1. Some major changes associated with those laws include giving physician assistants and advanced practice registered nurses the ability to certify medical cannabis patients as well as some changes to the testing/laboratory rules. The legislature modified the definitions of certain terms and added terms that have a substantial impact on employers, according to an analysis by Woods Fuller. The most important additions are the terms “safety-sensitive job” and “under the influence of cannabis,” said attorney Seth Lapour with Woods, Fuller, Shultz & Smith. However, because the term is brand new and not yet interpreted by the courts it is still a gray area. This definition leaves considerable discretion to the employer. The employer’s belief must be “reasonable” under the circumstances. If challenged or analyzed by a court, it is likely it would consider all the surrounding facts and circumstances to determine whether an
Medical marijuana terms to know Medical Cannabis
All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of cannabis absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis. (§22-42-1)
Dispensary
Any 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. (§34-20G- l (15))
26 Chamber News | JUNE 2022
Medical Cannabis Establishment
A cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a dispensary. (§34-20G-l (16))
Cardholder
A patient who has been diagnosed by a practitioner as having a debilitating medical condition or a designated caregiver who has been issued and possesses a valid registry identification card. (§34-20G-l (6))
Debilitating Medical Condition
A chronic or debilitation disease or condition or its treatment that causes wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or any other medical condition as defined by the Department of Health. (§34-20G-1 (8))
Practitioner
A physician who is licensed with the authority-to prescribe drugs to humans. (§34-20G-1 (20))