Medical Marijuana in South Dakota
In 2020, the voters of South Dakota passed Initiated Measure 26 to approve medical cannabis in the state. Since then, the South Dakota Medical Cannabis Program has launched and is operational, serving 10,000+ medical cannabis patients. The Departments of Health and Education have delivered a regulatory program that ensures the safety of patients, students, and the public in this new industry.
On January 19, 2022, the Department of Health issued the first medical cannabis establishment registration certificates to dispensaries in Watertown and Keystone, South Dakota.
Authorized Forms of Medical Marijuana in South Dakota
“Cannabis products” include any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof that are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
South Dakota Qualifying Conditions for Medical Cannabis
South Dakota Codified Law (SDCL) 34-20G permits medical cannabis for patients who experience a debilitating medical condition and are certified by a physician that medical cannabis will help alleviate their condition.
To hold a registry identification card, a patient must be diagnosed with a debilitating disease that produces one of the following: Cachexia or wasting syndrome; Severe, debilitating pain; Severe nausea; Seizures; Severe and persistent muscle spasms. According to the South Dakota Department of Health, additional specific debilitating conditions include the following conditions and treatments if the practitioner certifies they are “debilitating” for the patient: AIDS and HIV; Amyotrophic lateral sclerosis, also known as Lou Gehrig’s disease; Multiple sclerosis; Cancer or its treatment, if associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting; Crohn’s disease; Epilepsy and seizures; Glaucoma; and Post-traumatic stress disorder (PTSD).
Current Applications for Medical Marijuana Business Licenses
Currently, the South Dakota Medical Cannabis Program is accepting licensing applications on a rolling basis. The following types of licenses interested applicants can apply for:
- Cannabis Cultivation Facility
- Cannabis Manufacturing Facility
- Medical Cannabis Dispensary Licenses
- Cannabis Testing Facility Licenses. Licenses will be distributed based on a lottery system.
To become one of South Dakota’s integral enterprises in their medical cannabis program, applicants will undergo a competitive scoring process to be selected. Further, to be eligible, at least one principal officer has to be a resident of the state.
Under South Dakota law, each city/county has enacted their own ordinance regarding number of each type of license allowed within their jurisdiction. Although local governments cannot prohibit dispensaries, they are allowed to opt-out of other medical cannabis businesses.
Now is the time to get started to join South Dakota’s lucrative medical marijuana industry! If you are interested in acquiring a South Dakota Medical Marijuana Business License, schedule an appointment with us to discuss your options.
Last Updated: June 6th, 2023