Medical cannabis legal in South Dakota as of July 1

Last November, the residents of South Dakota approved by a large majority Measure 26, which legalized the medical use of cannabis by authorized patients.

L’initiative adopted will allow qualified patients to possess and cultivate cannabis at home for medical purposes, and should establish a state-regulated retail system for the sale of medical cannabis.

Eligible conditions include chronic or incapacitating illnesses such as cachexia or wasting syndrome, severe pain, severe nausea, epileptic seizures or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

Although the initiative comes into force on July 1, the state still has until the end of October 2021 to put in place the necessary framework to start, and then issue cannabis cards by November 18. The South Dakota Department of Health is still in the process of defining rules for the various stages of medical cannabis.

Last week, the state health agency published 105 pages of projects which include license fees, the renewal process, packaging guidelines and safety plans.

Companies selling medical cannabis, for example, would have to renew their business license every year. Every employee of a commercial cannabis business would also have to be certified by the state health department, and could not have any violent offenses on their record in the last 10 years.

The initial application and renewal fee for a medical marijuana ID card would be 100$, but the proposed regulations include exemptions for low-income individuals. The application and annual renewal fees will be reduced to 20$ for people with incomes at or below 130 % of the federal poverty line.

The proposed rules must still be approved by the Legislative Assembly's Rules Review Committee, which is expected to formally consider them in September.

«I can assure you that we are working hard to streamline the process, said state governor Kristi Noem.

However, the first sales will not begin until the legality of medical cannabis is proclaimed.